Now, can use Allah - but put "For Christianity" - Why not just "Not For Muslims"?

Well, the government has now changed its stance and is allowing the Herald to use the word 'Allah'...but alas Christians do not need permission of the government of the day to use the word 'Allah', or do they?

Interestingly - the government wants the words “Untuk Agama Kristian” or “For Christianity” in bold font type Arial of size 16 placed on its front cover.

Firstly, we wonder why it should be so big?

Secondly, we wonder why that this is directed to Christians only, and not other religions as well - is it not discrimination? Should we not require all religious publications to carry bold font type Arial of size 16 with the "for this religion....or that religion".

Thirdly, we wonder why they just did not ask for "Bukan Untuk Orang Islam" or "Not For Muslims" - because the current ruling even goes against the Federal Constitution, and also will prevent what some religions consider as being a duty of their adherents - i.e. the work of evangelization,..In Malaysia, it is wrong to try to convert a Muslim OR maybe we should just have a no proselytizing for all in Malaysia..so it shall be an offence for any person to try to convert any other to their faith. No more freedom to choose your religion. You stick to the religion you are born to. Maybe, we should consider this.

KUALA LUMPUR: The Catholic Herald magazine is permitted to use the word Allah provided the publication clearly states the words “For Christians only” in its masthead.

Herald editor Father Lawrence Andrew said this was stated in the recently gazetted Internal Security Act signed by the Home Minister Datuk Seri Syed Hamid Albar on Feb 16.

“The next edition of the Herald will contain the word Allah, and we will print the words “For Christians only” on the masthead so as not to contravene the Act,” he said.

It is learnt the Act also forbids the use of the words Kaabah, solat and baitullah.

Meanwhile, the Home Ministry’s Quran Publication Control and Text Division secretary Che Din Yusoh confirmed the content of the gazetted Act.

The High Court will today hear the mention of the case about the use of the word Allah in the Herald.

The Archbishop of Kuala Lumpur, who is the plaintiff, had applied for a judicial review of a Home Ministry directive last year forbidding the Herald publisher from using the word Allah as a synonym for “God.”

The plaintiff’s counsel Porres Royan had argued that the directive was unlawful and that the word was not exclusive to Islam.

On Dec 5, the publisher filed a writ of summons in the Kuala Lumpur High Court to seek a declaration on the use of the word.

The other respondents were the Home Ministry, the Government and the state Islamic Councils of the Federal Territory, Terengganu, Penang, Selangor, Kedah, Johor, Malacca and the Malaysia Chinese Muslim Association.- Star, 27/2/2009, Herald allowed to use the word ‘Allah’

But, the matter is not over ...

PETALING JAYA: The Catholic Church will discuss with the Attorney-General’s Chambers on the Home Ministry’s order to allow the conditional use of the word “Allah” in Christian publications.

The lawyer representing Catholic weekly magazine The Herald, Porres Royan said there was a need to study the implications following the order that required the publications to indicate that the material was only for Christians.

The directive, made under the Internal Security Act, was gazetted by the Home Minister Datuk Seri Syed Hamid Albar on Feb 16.

Asked to comment on the magazine’s March issue which will carry the words “Untuk Agama Kristian” (For Christianity) close to its masthead, Royan said the order was not only for The Herald.

“It’s not a question of The Herald accepting it (the order), but of following the law as it is gazetted,” he told The Star on Friday.

The magazine’s editor Father Lawrence Andrew said there was now “no fear” on his part as the magazine had included the disclaimer in its next issue.

“So, in a way, there is a sense of security that our publishing permit would be renewed,” he said.

“We want to live in peace and harmony with one another and will do what we can to help ensure freedom and justice,” Father Lawrence added.

In a mention of the case on Friday, the High Court fixed May 28 as the date of the hearing for the Titular Roman Catholic Archbishop of Kuala Lumpur’s application to recall and set aside the order for intervention from various religious bodies.

The court also decided that the application by the interveners’ to refer the case to the Federal Court be heard on July 7.

The religious bodies involved are the state Islamic Councils of Federal Territory, Terengganu, Penang, Selangor, Kedah, Johor, Malacca, the Malaysia Chinese Muslim Association (Macma) and the Malaysian Gurdwara Association.

Meanwhile, the Council of Churches of Malaysia has called on the Government to accept the use of the term “Allah” as a heritage that is not exclusive to one religion.

“We further urge the Government not to attempt to regulate or circumscribe its use through the introduction of pre-conditions and by punitive criminal legislations,” said the council’s general-secretary Rev Dr Hermen Shastri in a statement on Friday.

He was responding to the order issued by the Home Ministry that Christian publications may use the word “Allah” if they indicate that the material is for Christians.

Dr Hermen also questioned why the order was specific to Christianity and cited the Sikh religion as an example of another creed which referred to “Allah” in their sacred texts.

He pointed out that the order would also cause those who have publications using the word “Allah” to be at risk of possessing prohibited documents unless they ensure that the words “Untuk Agama Kristian” or “For Christianity” in bold font type Arial of size 16 placed on its front cover.

“This is an unfair imposition and unwarranted restriction on the practice of the Christian religion in this country,” Dr Hermen said, adding that the conditions was also a limitation on the freedom of religion guaranteed by Article 11 of the Federal Constitution.

“We regret that the Government did not see fit to engage with us before introducing this order,” he said. - Star, 27/2/2009 - Church to study implications of permission to use “Allah” (Update)

The usage of the term "Allah" may even predate Islam, and have been used by Christians for centuries

I just surfed the net and found a few interesting stuff, which I thought I should share with my readers.

I must state that I have relied on internet sources, which I believe are true. If there are any errors with regard the stated facts, I hope that you would take time to make a comment...

There are some who have come out and mischievously attempted to paint a very wrong picture, i.e.

1 - That Christians have just started using the word 'Allah'
* There is evidence that usage of the Arabic word 'Allah' in facts pre-dates Islam.
* It has long been used by Arab Christians, which number 15-20 million in the Middle East, and this word can be found in the Arabic translation of the Bible/parts of the Bible. *The earliest written record of the Gospel in Arabic is 897 A.D., and of the Old Testament is in 1475 A.D.
* The word Allah is also used in the AlKitab, the Malay translation of the Bible, and first recorded published Malay translation of part of a gospel was in 1629, and the full alkitab was finally published in 1733.
* The word Allah has been used by Malaysian Christians for a very very long time.

2 - That the usage of the word 'Allah' is part of a devious scheme to confuse Muslims, in Malaysia, and probably convert them to Christianity.
Well, this is really far-fetched, as the word Allah has long been used by Christians. It has not really confused Arab Muslims or Indonesian Muslims - and there really is no example of it confusing Malay Muslims here in Malaysia. I believe Muslims in Malaya are more intelligent than that what some believe

Let us consider the facts -

a) The word 'Allah' have been used by Christians for a very long time. In its written form, it appears, amongst others, even in the translation of the Bible (or parts of the Bible) in Arabic, Bahasa Indonesia/Melayu, etc

Thus the first translations of the Hebrew Bible in Arabic appeared after the advent of Islam. In fact, the oldest dated manuscript of the Old Testament in Arabic as shown below dates from first half of the ninth century.

The Oldest Arabic Manuscript of the Old Testament (British Museum arab. 1475 [Add. 26116]). Source: Islamic Awareness Website

Sidney H Griffith has done extensive research on the appearance of Arabic Gospel. Regarding the manuscript evidence, he says:

The oldest known, dated manuscripts containing Arabic translations of the New Testament are in the collections of St. Catherine's monastery at Mt. Sinai. Sinai Arabic MS 151 contains an Arabic version of the Epistles of Paul, the Acts of the Apostles, and the Catholic Epistles. It is the oldest dated New Testament manuscripts. The colophon of this MS informs us that one Bisr Ibn as-Sirri made the translation from Syriac in Damascus during Ramadan of the Higrah year 253, i.e., 867 AD.^[11]

The author went on to say:

The oldest, dated manuscript containing the Gospels in Arabic is Sinai Arabic MS 72. Here the text of the four canonical Gospels is marked off according to the lessons of the temporal cycle of the Greek liturgical calendar of the Jerusalem Church. A colophon informs us that the MS was written by Stephen of Ramleh in the year 284 of the Arabs, i.e., 897 AD.^[12]

Below is the MS of the Gospel in Arabic written by Stephen of Ramleh.

Colophon of MS. Sin. Arab, No. 72, dated 896 A.D. photograph supplied by Mr. Taufiq Iskarous of Cairo, late curator of Christian books at the Sultanieh Library. The photograph, hitherto unpublished, was taken by Dr. Moritz. Mr. Taufiq Iskarous also supplies the following information from an unpublished report in Arabic by Dr. Moritz, to the Egyptian government on the Arabic MSS. in the library of St. Catherine at Mt. Sinai: "The oldest of the Christian Arabic MSS. under the heading Biblica is The book of the four Gospels, arranged according to the divisions of the liturgical year of the Greeks. It was written in late Kufic hand by Istipana, known as al-Ramli, A. Mond. 6389=A. H. Muharram, 284. On parchment, 119 pp. of 26 lines, 13x19 cmm."^[13]Source: Islamic Awareness Website

Usage of the word Allah in the Arabic Bible, whereby there are about 15 - 20 million Arab Christians in the Middle East. [ Source: Muslim Answers Website]

The images below, with the exception of the first image, were taken directly from The Holy Bible in Arabic. Referred to in Arabic as al-Kitâb al-Muqadis (i.e. ,The Holy Book), this is the scripture which is used by Arabic-speaking Christians (of which there are still about 15 to 20 million in the Middle East). So that those unfamiliar with Arabic script have something to compare these images with, the first image below is a verse from the Qur'ân - which is the Muslim scripture. In the images, the Arabic word Allah is underlined in red so that it can be easily identified. Upon comparing the images, one should be able to clearly see that the word Allah appears in both the Qur'ânic and Arabic Bible images. Indeed, the word Allah appears throughout Arabic translations of the Bible, since it is simply the Arabic name for Almighty God. Insha'llah, the examples below will help quell the doubts of those who have been duped into believing that Muslims worship a different god - either by the hostile media or by Christian missionary propaganda. We hope that this serves as enough documentation for those who still have doubts about this. We could think of no other way to prove this point, except to encourage everyone to do further critical and open-minded research on their own. Please, don't forget to compare the images . . .

---

[Qu'ran 1:1 - English translation]

"In the Name of God, the Compassionate, the Merciful."

[Qur'ân 1:1 - Arabic transliteration]

"Bismi-Allahi ar-Rahmani, ar-Raheem"

[Qur'ân 1:1 - Arabic]

---

[Genesis 1:1 - English Bible - King James Version]

"In the beginning God created the Heaven and the Earth . . . "

[Genesis 1:1 - Arabic transliteration]

"Fee al-badi' khalaqa Allahu as-Samaawaat wa al-Ard . . . "

[Genesis 1:1 - Arabic Bible]

---

[John 3:16 - English Bible - King James Version]

"For God so loved the world, that . . . "

[John 3:16 - Arabic transliteration]

"Li-annhu haakadha ahabba Allahu al-'Aalama hataa badhala . . . "

[John 3:16 - Arabic Bible]

---

[Luke 1:30 - English Bible - King James Version]

" . . . Fear not, Mary: for thou hast found favor with God."

[Luke 1:30 - Arabic transliteration]

" . . . Laa takhaafee, yaa Maryam, li-annaki qad wajadti ni'amat(an) i'nda Allahi."

[Luke 1:30 - Arabic Bible]

---

[Luke 3:38 - English Bible - New King James Version]

"the son of Enos, the son of Seth, the son of Adam, the son of God."

[Luke 3:38 - Arabic transliteration]

"bini Anoosha, bini Sheeti, bini Aaadama, abni Allahi."

[Luke 3:38 - Arabic Bible]

St John's Chapel(over 83 years old) being threathened with 'eviction' - help save this 'little' church

St. John's Chapel in the small town of Triang, Pahang is now being threatened with eviction/demolition.

This chapel has been in existence legally since at least 1926. The land on which this church was built was a leasehold title, which the government refused to renew in 1955, but the government continued collecting quit rent until about 1966.

Application for extension of the lease have been repeatedly send by the Catholic Church but alas no positive response was forthcoming.

The chapel continued to exist happily without any interference from the State for all this time. But suddenly, some Developer in 2005 has come in and have asked that the chapel be removed. It has been shown that the new owner of the land on which the chapel stands is a Pahang State agency, i.e. Perbadanan Kemajuan Ekonomi Negeri Pahang.

There are 3 Lots in a row, and Lots 1 and 3 already belong to the Catholic Church, and the middle Lot 2, where the chapel stood since at least 1926, now seems to belong to Perbadanan Kemajuan Ekonomi Negeri Pahang, or the Pahang State. On Lot 1, we have the Kindergarten run by the Catholic Church, on Lot 2 is the Chapel, and Lot 3 is now a road. [It really is absurd why Lot 2, the middle lot, was also not given to the church a long time ago]

St John's chapel has served the people and community in Triang. It acted as a refuge during the Japanese Occupation, during floods, etc.

And, that is why on 17/8/2008, some 300 over persons/residents took to the street to protest the possible future demolition of this church/chapel. Unfortunately, only the Chinese media carried reports of this protest, which also saw the presence of the infamous FRU (Malaysia's Riot Police). There may not have been thousands but for a small town in Pahang, that turnout is impressive and significant.

What is sad, is that the Catholic/Christians of Triang are now facing the threat of losing their at least 83 year old chapel after the UMNO-led BN government of Pahang openly stated that they will adopt a more liberal approach matters concerning religion and places of worship.

The 2005 government census revealed that 11% of Malaysians are Christians, 57% Muslims, 23% Buddhist, 6% Hindus, and the remaining 3 % are adherents of Confucianism/Taoism/Traditional Religions/Others.

The land, on which the chapel has been for the past 83 over years, is State land (or belongs to a State Agency), and as such there really should not be any problem giving it to the Catholic Church so that the St John's Chapel can continue its existence.

I appeal to the Pahang government, to our DPM (also from Pahang)...to intervene and save the St John's Chapel in Triang...

KUANTAN: The state government will adopt a more liberal approach to matters concerning religion and places of worship.

State secretary Datuk Muhammad Safian Ismail said they planned to improve the system and administration processes pertaining to applications related to places of worship.

“In the past, there were some glitches and we intend to improve the system and administration processes.

“The committee on places of worship for non-Muslims which I chair will meet more regularly,” he said during a dialogue with several representatives of the Kuantan Chinese Methodist Church members here.

Also present was MCA legal bureau chairman Datuk Ti Lian Ker, who brought up several related matters to Muhammad Safian.

Ti said in the past, the issue on places of worship was deemed “sensitive” and could not be debated in the open.

“Now, the time has changed and this

misconception should be corrected as under Article 5 of the Federal Constitution, all

citizens are guaranteed the freedom to religion.

“What we are doing is to discuss our rights to renovate, expand and build places of

worship and what actually went wrong,” he said.

Citing an example, he said a church group had applied to the local authority in Cameron Highlands for years to build a church but was not given an approval.

He said in other instances, certain conditions were imposed by the authorities before approval was granted.

“These problems due to many factors such as individuals, administrative obstacles and delays should not have happened.

“We are glad that Muhammad Safian had given an undertaking to review the present approach and to give approval if all guidelines were adhered,” he said.

Pastor Lau Seng Lye said he was glad that the state government would be more open and accommodating on issues involving places of worship.

He said their church in Jalan Gambut could only take in 300 worshippers and would like to expand their premises.

Earlier, the church had submitted an application to expand their building but was rejected by the local council. - Star, 2/4/2008, Pahang to adopt liberal approach on religion

Gender Discrimination, and certainly NOT an 'Education For All' policy

Yes - children whose father is Malaysian, who have submitted application for birth certificate, citizenship and Mykad can go to school in Malaysia...

What about children whose mother is Malaysian?

I thought that the Federal Constitution has been amended to ensure that there is no discrimination based on gender.

It is the mother who deals with 9 months of pregnancy...and who suffers the pain of child-birth, and is generally burdened with most of work connected with child upbringing - and Deputy minister Wee Ka Siong says that they are irrelevant.

Even the current law with regard to citizenship does not discriminate - only requirement is that one of the parent is a citizen or has a permanent residency status. As example, see Article 1(1)(c) of the Second Schedule of the Federal Constitution,

(c) every person born within the Federation after September, 1962, of whose parents one at least was at the time of the birth either a citizen or permanently resident in the Federation, or who was not born a citizen of any other country;

So, why is Deputy Education Minister giving us bad education about rights and values...Is he a male chauvinist? Is he propagating that men are more important than women? Time he be removed as Deputy Minister - he embarasses Malaysia.

I also wonder how they will establish that the Malaysian male is the father...Will they be having DNA tests?

Also note that many of these children may be NOT children of any marriage - and, of course, many Malaysian men will not even come forward and acknowledge that they are the father of the child...

'STATELESS CHILDREN' - what the Minister is talking is about children, who really are Malaysian citizens, but who have yet to get their birth certificate and/or MyKad for various reasons.

The term 'stateless children' is used mischievously...for it does not refer to all stateless children BUT only to those children whose FATHER are Malaysians.

These are not really stateless children - they already are Malaysians - only they are yet to be registered, etc..to get their Birth Certificate, MyKad, etc..., that is all.

When you are talking about stateless children, we are talking about those who do not have nationality or citizenship.

You are talking about some of those who have fled Burma, Southern Thailand, Southern Philipines, Acheh(previously)... because they fear their lives and liberty of themselves and those of their family.

The Rohingyaans, for example, are not even recognized by Myammar as being people of that country. Here, in Malaysia, many are hiding without any passport and other documentations. It is for these children that Malaysia must reach out and ensure that they at least get an education.

Charity - that is what it is. We have to help these children - ensure that they at least get an education - i.e. basic primary and secondary education, at the very least.

Without formal education, they will not have a bright future at all given the fact that most employers now require their workers to have some form of formal education.

Without formal education, they may end up at the lowest echeleons of society devoid of the means for social movement upwards.

I have to say that Malaysia is under the obligation to provide education for all children in Malaysia - and that will include all stateless children (irrespective of which country their fore fathers hail from), children of migrants/asylum seekers/refugees, etc

When it comes to children - then we must be concerned for ALL children, and this commitment should be towards all aspects of the child's welfare - including education and healthcare...

The Education Ministry will soon issue a circular to all schools nationwide, advising them to accept all ‘stateless’ children, even if they have no birth certificate, so long as the father is a Malaysian citizen.

MCPX

However, the advice will come with a caveat: the children must have already applied, through the Malaysian parent, to the National Registration Department (NRD) for a birth certificate, citizenship or MyKad.

“A birth registration certificate will be issued to the child which will state that the child is not a citizen...,” deputy minister Wee Ka Siong said while on an official visit to Kota Kinabalu over the weekend.

“This will not be a problem as long as the father is a Malaysian citizen. The status of the mother is not important (whatever country) she is (originally) from...”

However, Wee could not categorically confirm, despite persistent questioning by the media, whether children of non-citizen fathers and Malaysian mothers will be accepted into government schools.

He merely said: “Malaysia definitely supports the Unesco policy of ‘education for all’. - Malaysiakini, 24/2/2009, Stateless children's admission open to abuse

Mr Minister, we certainly do not support UNESCO's policy for all - as this policy is clearly selfish and is only concerned about children who are Malaysians, whose father is Malaysian, who is yet to get their birth certificates and MyKad..

This policy certainly do not cover even children whose mothers are Malaysians - and this goes against even our Federal Constitution. All children, whose one parent is Malaysian or a permanent resident, is a Malaysian.

This policy does not even cover stateless children... and certainly falls short of meeting the call of "Education for All'

BN fails workers in Malaysia - still no National Retrenchment Fund after 10 years.

There is still no 100% protection for workers in Malaysia who are retrenched and/or terminated by their employers.

We have the Employment (Termination and Lay-off Benefits) Regulations 1980...

But alas, only workers who have worked for more than 12 months are entitled, and this is not right..

The calculations of these benefits, which have to paid out within 7 days from the date of termination, are as follows:-

'An employee is entitled to lay-off benefits not less than the following: 1 to 2 years service - 10 days wages for each year service. more than 2 years but less 5 years service - 15 days wages for each year service. 5 years service or more - 20 days wages for each year service'

But, even those entitled may not get anything because the employer has no money to pay the employee..

And that is why, MTUC came up with the proposal for a National Retrenchment Scheme. The MTUC forwarded the memorandum below in 1998,

MEMORANDUM SUBMITTED TO THE HONOURABLE PRIME MINISTER

PROPOSED NATIONAL RETRENCHMENT SCHEME

INTRODUCTION

This Memorandum is being submitted by the Malaysian Trades Union Congress (MTUC) for the consideration of the Government in view of the escalating levels of retrenchments in the country brought by the sudden economic downturn.

RATIONALE FOR THE ESTABLISHMENT OF THE SCHEME

Though the rate of retrenchments in Malaysia is much lower than that witnessed in South Korea, Thailand and Indonesia, this is by no means any less serious than that faced by these countries. There is still cause for concern as our population base is 20 million, and the social impact of retrenchments may probably hit us harder.

According to the Ministry of Human Resources, a total of 28,890 workers were reportedly retrenched up to 9 May 1998. The quantum of statutory benefits to be paid to them computed for the period January to March 1998 amounts to RM100, 813,459,57. According to statistics complied by the MTUC, up to 35,000 workers have been laid off till date, and this does not include the informal sector workers. Many workers have not been paid their separation benefits upon the termination of their respective contracts of service.

The problems becomes serious when companies voluntarily wind up their operations, abruptly close down their business without prior notice, are put under receivership or relocate their operations to other countries.

The issue reaches crisis levels when these companies renege on their legal and contractual obligations to their workers by defaulting on statutory contributions to the Employees Provident Fund (EPF) and to the Social Security Organisation (SOCSO) as well as payment of retrenchment benefits pursuant to the Employment (Termination and Lay–Off Benefits) Regulations, 1980. In several cases, even terms and conditions stated in collective agreements entered into between unions and employers have been dishonoured.

The MTUC is aware that a number of irresponsible companies waste their funds by undertaking expensive office renovations and purchasing luxury cars for their managers and executives. They then retrench their workers, citing lower profits or accumulated losses as their reasons.

More than 85 percent of the affected workers are not members of unions and are ignorant of their rights under the labour laws. Since they are not unionised and do not know how to go about obtaining assistance, they have little opportunity to mobilise any effective collective action in order to protect their interests.

Enforcement procedures are often long, slow and inadequate. They yield little success if the companies have already relocated their operations to other countries, if their assets have been foreclosed by creditors, or if their directors have been declared bankrupt.

8. (a) Section 292 (1) of the Companies Act considers workers as "unsecured creditors". It gives priority to only workers’ unpaid wages as unsecured debts when companies are wound up.

The Act does not expressly include their unpaid overtime wages, bonuses, insurance premiums, health care and retrenchment benefits [although the words "workers’ compensation under any written law" have been used in section 292 (1) (c)] in the event companies are wound up or placed under receivership.

9. (a) The often unpredictable boom-recession cycle in economic affairs has made it extremely difficult for workers to plan their careers and the future of their families with any measure of certainty, as they do not know when they will be deprived of their livelihoods.

In many cases, both husband and wife who are breadwinners have been retrenched without prior notice at the same time. The impact of such uncertainty is more severe on workers who are in their latte forties or early fifties and have large families to support. They will find it difficult to secure alternative jobs during their advanced years upon being retrenched.

Given the greater emphasis placed on private sector participation in national economic activities, coupled with the downsizing of public sector involvement in infrastructure development and services, workers’ fear for the unknown will not only become worse but will also severely affect their productivity.

There is therefore a pressing need to set up a social safety net in order to cushion the impact of retrenchments on workers and their families. The MTUC proposes that a National Retrenchment Scheme be set up for this purpose.

MODALITIES OF THE PROPOSED SCHEME

The Scheme should be constituted under the aegis of the Social Security Organisation (SOCSO), which has 5 million members at the moment.

Employers and workers should each required to make a statutory contribution of RM1.00 per worker per month towards the Scheme. The contributions will grow at the rate of RM2.00 per worker per month, and contributions from the existing 5 million SOCSO members will be able to yield RM10 million a month, or RM120 million a year to the Scheme. This is another form of compulsory savings for workers, and will also help to increase national monetary reserves.

The funds so collected should be invested in Government guaranteed securities and in such other appropriate private placements that are reliable, adequately capitalised, yield high and competitive dividends and are well managed.

4. (a) The funds as well as the proceeds from these investments could be utilised to pay the retrenchment benefits of workers who have been deprived of their separation benefits. The quantum of such benefits should be pursuant to the Enployment (Termination and Lay-off Benefits) Regulations, 1980, or according to the terms and conditions of their respective collective agreements, if the same are higher.

The Fund could also consider paying retrenched workers a fixed monthly allowance to support their families until they get a new job.

5. (a) Retrenched workers should be required to register themselves with the Employment Exchange. They shall, upon being duly registered, be eligible to apply for the fixed monthly allowance suggested under 4(b) if they have been continuously unemployed for more than three months upon being retrenched.

Workers who refuse to accept alternative employment offers, or who reject job opportunities made available to them by the Employment Exchange, will be disqualified from receiving any assistance from the Scheme.

6. The Scheme should be managed by SOCSO.

SUBMISSION

The MTUC is hopeful that this Proposal to establish a National Retrenchment Scheme would be considered favourably by the Government. On our part, we are willing to extend every cooperation and assistance to the concerned parties in order to make this Scheme a reality.

Date : 26 May 1998

But, alas the government did not take up the idea - and today, if the employers fail to pay the workers retrenchment and termination benefits, the workers are at a loss.

If SOCSO was managing this fund - then, if the employers do not (or cannot) pay the workers the said benefits, the workers could get some monies from the National Retrenchment Fund.

In Thailand, when you lose your job (i.e. when retrenched, terminated..and even on resignation), you are entitled to get some payment from SOCSO. For those retrencehd, this is 50% of your wages (but not more than 15,000 Baht per month) for 180 days, and for those who resign, it is a lower percentage. See my earlier posts:-50% salary for 8 months for the unemployed...M'sia should follow Thailand in this, and If you lose your job, SOCSO pays you for 6 months maximum in Thailand

SOCSO is the one who will be making the pay-outs of the benefits - and as such, workers have a 'safety net' to rely on...It will be GUARANTEED 100%...

The proposal of MTUC was made in 1998, but alas the UMNO-led BN government did not do anything, and now in 2009 we are facing another financial crisis, and tens of thousands of workers may end up losing their jobs.

Whilst, the Malaysian Government did nothing to secure worker's welfare - they went ahead and set a Human Resource Development Fund, and collects from employers a certain sum per worker. This money is available to employers for 'worker training programs' ... In fact, with regard the levy paid by the employer to this fund, the government of Malaysia, who seems to be encouraging 'retrenchment' of workers, gave employers good news that they can take back the extra levy paid easier in the event of retrenchment. See my earlier post entitled HR Minister must be concerned more for the poor worker...

Today, we are told that there is still no such scheme that would really assist workers who have lost jobs...

And, it seems that this serious issue of workers welfare is not a priority of the government . MTUC tells us that the National Labour Advisory Council had not met in 2 years.

They should be meeting once a month at least, should they not?

The setting up of the National Retrenchment Fund, proposed by the Malaysian Trades Union Congrees (MTUC) more than 10 years ago to provide financial assistance to sacked workers, is as good as off.

It is learnt that officials from the Human Resources Ministry, Malaysian Employers Federation (MEF) and MTUC have not been able to agree to the terms in setting up the fund.

Sources said the three parties have not met for the past two years although close to 20,000 Malaysians have lost their jobs in recent weeks alone.

“Ministry officials cannot explain why companies that

have been managed well and following related laws need to contribute to the fund,” the source said.

MEF executive director Sham-suddin Bardan admitted that employers were still against the fund although there were reports to the contrary by officials.

The MTUC had proposed each worker contribute RM1 monthly to the fund while employers pay the same amount for every worker but the then prime minister Tun Dr Mahathir Mohamad said the Government would consider the proposal if the amount to be contributed by both parties was halved.

It was then agreed that the Social Security Organisation (Socso) would be responsible to discuss the matter with workers’ and employers’ representatives.

Attempts to get comments from Socso chief executive officer K. Selvarajah drew a blank.

MTUC secretary-general G. Rajasekaren, who admitted that the National Labour Advisory Council had not met for two years, said it was strange that authorities were not getting things moving.

The MTUC, he said, would pursue the matter with the Government.- Star, 23/2/2009,Still no fund to help those sacked

The Malaysian Government looks into the welfare of those who lose their jobs. They allegedly have training programs, during which the worker attending receives RM500-00 from the government, and sometimes the potential employer also pays something to the worker. (Well, all this was mentioned in the TV program called 'HELLO Malaysia', which saw the host talking to a former HR Minister and the current MTUC President).

But, the problem is that there is nothing in black and white ....Nothing that is in the law, regulations, etc... that makes this entitlement of RM500 per month whilst undergoing re-training, is there

This is the biggest problem in Malaysia - policy...cabinet decisions...are all most of the time not written down (or gazzetted).

There was a policy that all plantation workers will have to be provided with houses -- and this too was a policy that we only got from newpaper reports. The moment, one tries to claim a right based on that policy - the good old Minister and government officials just turn around and say that there was no such policy - or that the newspapers got it wrong.

We need to have certainty with regard to rights and entitlements of workers, Malaysians, etc...and we need it now.

I also hope that the National Retrenchment Scheme and Fund be immediately put in place within the next 3 months...

In the interim, maybe the government should provide a reasonable sum to be put into some interim 'National Retrenchment Fund' to assist workers who are being retrenched. For those who have yet been paid their Retrenchment and Termination Benefits, the workers shall be paid out with money from this fund - and the government shall then take on the task of pursuing the employer and/or directors to recover the monies paid out.

By-elections...and struggle for political power seem to be occupying too much time of governments, and this must stop...and the welfare of workers and the people in Malaysia should now be the priority.

The power to suspend MP/ADUNs must be removed, and Judicial Review must be made available

It is the people, the constituents, that vote in a person as their Member of Parliament and/or State Assembly Person.

The primary forum in which these representatives are supposed to be listening, engaging in debates, deciding, and voting on behalf of their constituents is the Dewan Rakyat (Parliment) or the State Legislative Assembly.

It is absurd when some other, i.e. other than the constituents themselves, can prevent these elected representatives from attending and participating in the Dewan Rakyat and/or the State Legislative Assembly...

We may have not really considered this issue until very recently the Perak State Legislative Assembly Speaker announced that 7 State Assemblypersons were suspended for 18 months for one, and 12 months for the others... (And then we recall, that similarly, Karpal Singh was also suspended for 6 months

The Perak state assembly's special privileges committee today suspended the state's newly-minted menteri besar Zambry Abdul Kadir and all his six executive councillors.

MCPX

The decision was announced by Perak state assembly speaker V Sivakumar after the committee's inquiry proceeding in Ipoh this afternoon.

Zambry was slapped with an 18-month suspension while the excos have been suspended for 12 months.

The latest development plunges Perak into another crisis following BN's seizure of the state government two weeks ago.

Sivakumar, a DAP state assemblyperson, is still the Perak speaker as the BN government has yet to convene the state assembly to replace him with one of their own.

In a statement to the media, Sivakumar said the decision was reached because the seven had failed to provide an explanation for their contempt of the state assembly by declaring themselves menteri besar and excos.

"I have decided to bar Datuk Zambry with immediate effect from attending any assembly session for the next 18 months and the six exco members have also been barred for 12 months," read the four-paragraph statement.

The inquiry was convened after Wong Kah Woh (DAP-Canning) had last Thursday made an official complaint. - Malaysiakini, 18/2/2009, Crisis looms: Perak MB, 6 excos suspended

Recalling some of the previous suspensions

In 2004, This was the decision by the brute nine-tenth parliamentary majority vote suspending DAP MP for Bukit Glugor, Karpal Singh, as a Member of Parliament, depriving him of all parliamentary allowances and perks, for 10 days if he apologises or for six months if he does not apologise within three days expiring today.

What was Karpal’s offence? Was the sentence commensurate with the alleged offence? Although there is considerable media publicity in the past few days about the parliamentary debate and Karpal’s suspension, I do not think more than a handful out of 25 million Malaysians could really answer these two questions – itself an indictment of the multiple failures of accountability, transparency and good governance in Malaysia. - Lim Kit Siang's Blog, Civil society should stand up to remove the first “good governance” black-eye under Abdullah Ahmad Badawi’s watch as Prime Minister and demand that Parliament review and rescind Bukit Glugor MP Karpal Singh’s six-month suspension as it is the very antithesis of accountability, transparency, justice and good governance

No one would be surprised if the unjust, unparliamentary, biased and vindictive motion suspending Karpal had taken place under Mahathir’s Parliament – as Karpal himself had been arbitrarily expelled from Parliament in 1984 and three other DAP MPs had been suspended from Parliament during Mahathir’s 22-year premiership and Zahir’s speakership, viz. DAP MP for Sandakan Fung Ket Wing in 1984, DAP MP for Batu Gajah Fong Poh Kuan who was suspended for six months without allowance in December 2001 and my seven-month suspension in 1992.

But for such tyranny of the majority and travesty of justice to take place under Abdullah’s Parliament is a sober reminder that the country is not completely free from the mindset, culture and clutches of high-handed, arbitrary and undemocratic governance of the Mahathir era. The arbitrary and unjust suspension of Karpal has in fact gone a long way to undo the good of the Federal Court judgment the previous Thursday acquitting Anwar Ibrahim, allowing him to walk out from the Palace of Justice as a free man – raising hopes that real change and reform is possible under the new Prime Minister. - Lim Kit Siang's to the Suhakam Malaysian Human Rights Day 2004 Conference themed “Human Rights and Good Governance” on “Accountability and Transparency for Good Governance in the Private and Public Sectors”

And, interestingly this decision is solid - and may not even be challenged in court. I believe only the State Legislative Assembly (less the suspended ones) can overturn this decision - and let the 7 back into the State Legislative Assembly.

In a related development, the Bar Council said one legal view is that the speaker and the special privileges committee have the powers that they have exercised, another is that the matter referred to the committee must be placed before the state assembly before it can take effect.

However, its chairperson Ambiga Sreenevsan said regardless of whether the speaker or the special privileges committee had followed the correct procedure, their conduct and proceedings may nevertheless be outside the jurisdiction of the courts. - Malaysiakini, 19/2/2009, PM: They've disrespected sultan's decision

Suspendion without all parliamentary allowances, perks ...(salary?) is draconian because there are full-time dedicated MPs and/or ADUNs who do not have any business in the side for them to get extra income. These MPs/ADUNs use their salary, allowances, perks... to pay for the rental of their service centres, pay the salary of their staff, etc.. and so never should allowances, perks, salary ever be denied any MP and/or ADUN.

For me, it is time that we make the necessary changes in law and/or Parliamentary (State Legislative Assembly) Standing Orders, Procedures, etc that will prevent any more in the future the ability to suspend any ADUN/MP from the Dewan Rakyat and/or State Legislative Assembly.

If punishment need to meted out, then maybe it could be in the form of a reprimand. Maybe, at worse, it would be to ask the ADUN/MP to leave the hall for that day only. Suspension should never go beyond the next sunrise...

We really do not want the majority in the House to be able to 'bully' the minority ADUN/MPs.

We must also introduce Judicial Review to all decisions made by such Committee and/or Speaker...The courts should be given the power to review such decisions...

Now, after what happened in Perak, I believe that the BN will also be open to this suggestion of mine.

I propose that the Pakatan Rakyat States should start the ball rolling now - and do away completely with the right to 'suspend MP/ADUNs'....

National Pride out of the window as UMNO runs to London to find lawyer

It is shameful when UMNO has to run over to the land of our colonial masters to find a lawyer - a Queen's Counsel to defend itself in the Malaysian courts.

Umno is seeking the opinion of a Queen’s Counsel (QC) on the constitutional issues which have bedeviled Barisan Nasional’s takeover of the Perak state government from Pakatan Rakyat.

MCPX

A senior constitutional lawyer left Kuala Lumpur yesterday for London to engage the services of a QC on behalf of Umno to advise the party on a host of questions that is roiling debate in the country...

...Sources say the QC that will be engaged by Umno is likely to be someone who has already appeared in the courts here in a span going back almost three decades.

It is believed that a QC who has appeared in cases in Singapore is also on the shortlist.

Three high-profile QCs who have previously appeared in Malaysia and Singapore to argue on complex issues of law have been Michael Beloff, Anthony Lester and Geoffrey Robertson.

Beloff appeared in the Federal Court for proponents of the Merdeka University in 1982. He was unsuccessful in the Merdeka University appeal.

Lester was engaged by the Parti Bersatu Sabah (PBS) as counsel when the late Mustapha Datu Harun sued Sabah governor Adnan Roberts and Chief Minister Pairin Kitingan for restoration as chief minister in 1985. Mustapha lost the case. - Malaysiakini, 22/2/2009, Perak tussle: Umno seeks QC's opinion

This indicates how UMNO-led BN does not even have confidence in our own Malaysian lawyers - and there are about 13,000 of them in Semenanjung Malaysia.

Be proud of Malaysia - have confidence in Malaysian lawyers - do not everytime rush over to the United Kingdom to get lawyers. Malaysia boleh...

This is not the first time that the UMNO-led BN government of Malaysia has embarassed all Malaysians by running out there and engaging foreign lawyers. One situation was when we were fighting with Singapore for that little island. If the government of the day do not have confidence in our local lawyers, professionals, products - then how can you even hope that other Malaysians will...or even any other person or nation have.

This is about Perak - about Perak's Constitution...about our law, and it is a matter that will be argued in our own Malaysian courts - so what really is that shameful need to engage foreign lawyers. Are these foreign lawyers more well-versed about OUR affairs in Malaysia?

Use our own local Malaysian lawyers - do not still behave as though we are still being colonized by Britain (United Kingdom)...the West.

The attitude and the act of running to Britain is a clear indication that UMNO may still, after 50 over years, still be a puppet of United Kingdom.

In paper, we have independence - but alas in our minds we are still being colonized by UK and the West...how sad.

Even if there is a need to get lawyers from other countries - why not look at Singapore, Hong Kong, India or even Pakistan - all of whom were former British colonies, and have similar laws as those that we have in our country, and there are brilliant lawyers and legal minds there as well...

But alas, UMNO is still a victim of 'brainwashing' that makes them believe that UK has the best lawyers... and sadly, this 'belief' is not just confined to politicians but also many of our Malaysian lawyers and Judges.

Look at how the halls are filled up when it is some lawyer/legal expert from the UK is there to give some talk on the law, and compare that with the numbers who attend when some local, sometimes so much more better, Malaysian lawyer is appearing...

The propagation of the thinking...the belief that UK (the West) is better is also maintained by the media we are exposed to...by the movies that we are exposed to..., and we see that our UMNO-led BN have been guilty of continuing and reinforcing this attitude that UK (and the West) is better...far more superior than us here in Malaysia...

Even, when it comes to sports - now English Premier League is given more emphasis that our own football (or other sporting events..) Look at the papers...look at the TV..and it is obvious that today that is the case. 20-30 years ago, the government build Malaysian pride, and we all were aware of our footballers,...athletes. Ask today, who are the Malaysian football stars...and many will not be able to answer. Our football stadiums, that are so very big, are empty whenever there are local games.

I ask that UMNO..and the Barisan Nasional liberate yourselves from continuing to be slaves to our colonial masters of old (and the West), and free yourself. MERDEKA...MERDEKA.

This independence..and liberation must manifest itself through national pride...and a belief in the abilility of Malaysians...

I also wonder about our Malaysian judges - whether they will be swayed not by arguement of law - but by the fact that one side is being represented by some Queen's Counsel from 'overseas'...

Shame on you UMNO ...have confidence in Malaysian lawyers...

In Malaysia, all persons are equal but not the 'VIP', like MB Selangor

Our Federal Constitution guarantees that all persons are equal before the law...

Article 8, Federal Constitution - Equality.

(1) All persons are equal before the law and entitled to the equal protection of the law.

(2) Except as expressly authorised by this Constitution, there shall be no discrimination against citizens on the ground only of religion, race, descent, place of birth or gender in any law or in the appointment to any office or employment under a public authority or in the administration of any law relating to the acquisition, holding or disposition of property or the establishing or carrying on of any trade, business, profession, vocation or employment.

(3) There shall be no discrimination in favour of any person on the ground that he is a subject of the Ruler of any State....

But alas, there seem to be some inequality practiced when it comes to VIP, VVIPs, etc and this must stop.

Many of us are already concerned in the way the police and the then ACA have been dealing with cases implicating Mohd Najib Razak, our DPM...

And, now we find that our newly formed Malaysian Anti-Corruption Commission (MACC) also treating 'VIP's differently

We wanted the MACC to be independent - and that is also the reason why we also wanted them to have the power to prosecute without having to go and get the consent of the AG...(or the DPM, or the PM...or some other)....but it was not to be.

If there is corruption - and you have sufficient evidence, then you must charge the suspect in court - and that is that. You do not have to go to the press and report to thye whole world the strength of evidence that you have. In any event, did you do it for all cases - or just the selected few, ...maybe those that involve opposition personalities.

I must ask that Ahmad Said Hamdan step down as the MACC chief because he just cannot get away from the old ways of doing this, and seems to be just too fearful of exercising his independence without fear or favour...

We need a new person to be made head of this New MACC - someone not influenced or contaminated by the old norms, the old ways of doing things...

MACC chief Ahmad Said Hamdan said the commission preferred the Attornet-General's chambers to handle the Selangor MB's case as "it involves a VIP".He said this when asked by reporters on the matter in Penang this morning as to why MACC did not proceed to prosecute Abdul Khalid, which is within its powers to do so. - Malaysiakini, 20/2/2009, Car 'n cows: S'gor MB could be charged

GEORGE TOWN: Malaysian Anti-Corruption Commission (MACC) chief Datuk Seri Ahmad Said Hamdan said that there was strong evidence to show that Selangor Mentri Besar Tan Sri Khalid Ibrahim misused his powers over the maintenance of his personal car and the distribution of 46 cows worth RM110,400 for slaughter during Aidil Adha celebrations in his parliamentary constituency of Bandar Tun Razak last December.

The Malaysian Anti-Corruption Commission chief commissioner Datuk Seri Ahmad Said Hamdan said the commission had completed its investigations and the matter would be referred to the Attorney-General (AG) for further action.

“We would suggest that legal action and so on be taken, as we have strong evidence for both the cases that abuse of power has taken place.

“Although we can make a decision to press legal charges, but the commission feels that it is better if the AG makes a decision.

“Since it involves a VIP, it is better that the case is referred to the AG, as there might be certain parties not satisfied with the investigation by the commission ,’’ he told reporters after the ground-breaking ceremony of the building of the state commission’s staff housing on Friday.

This follows a report lodged on Feb 6 by Selangor Umno Youth, alleging that Khalid had used state funds to pay for the maintenance of his personal car.

Its Shah Alam head Azhari Shaari, accompanied by the Kuala Selangor, Ulu Selangor and Kota Raja Youth chiefs, lodged the report at the Selangor Malaysian Anti-Corruption Commission (MACC) in Shah Alam.

He said they were filing the report on behalf of the state Umno Youth and claimed that they had evidence that Khalid had misused his power.

On Wednesday, Khalid filed two defamation suits against Sungai Besar state assemblyman Datuk Seri Dr Mohd Khir Toyo over allegations related to his personal car, a Lexus, and the purchase of 46 cattle.

The suits were over “Lexus is my own, says Khalid”, a report in the News Straits Times on Jan 15, and “Lepaskan jawatan MB”, published in Utusan Malaysia on Jan 23.

“On my client’s part, there are no transgressions as he has the documents to back up his purchase of the Lexus and on the purchase of the cattle, which was made solely by PKNS and donor firms, without his involvement,” Khalid’s lawyer Sankara Nair had said then. - Star, 20/2/2009, MACC Chief: Strong evidence of misuse of power by S’gor MB (Updated)

I am also concerned about the fact that the MACC chief has spoken to the press about the status of the investigations, and the fact that he has a strong case, etc ... this is really not at all proper.

If there is sufficient evidence, then charge him in court, and let the trial begin...

After all, it is for the court to determine whether you have sufficient evidence or not to convict a person. The MACC chief may now say that he has strong evidence but then when it comes to Khalid's lawyers, they will say the opposite. It is the court that ultimately decides after the trial.

If he did have strong evidence against Najib (our current DPM), for the many allegations of corruption? Would he have come out and told the media that he did have sufficient evidence? I think not - and the reason is obvious...and it is very telling about the man that now heads the MACC.

So, his speaking to the press in the case of Pakatan Rakyat Selangor MB may also be seen by some as an indication of his political leanings, and a measure of his 'independence'.

We should never advocate trial by media - and this act of the MACC Chief speaking to the press about his opinions about the evidence collected in a corruption case involving the Selangor MB even before he is charged, or even before there is even any decision that he will be charged is very very wrong.

OR...is he sending a "message" on behalf of some....i.e. if we want to, we can charge you and will most likely succeed in convicting you, so...

So what?

Maybe, if you leave PR and become pro-BN Independent, then maybe your case may disappear.. This is pure speculations, of course.

OR - maybe his going to the press and saying that he had 'strong evidence' was his way of denying the AG the option of not charging Khalid in court, Think about it. If the AG does not now charge Khalid, there will be many wondering as to the reasons behind that for after all the chief of MACC very confidently told everyone that he had 'strong evidence'

But, then again we will not know why he did what he did, will we?

Were Developers behind Elizabeth Wong's privacy invasion?

There have been a whole lot of theories/speculations out there about who was behind the circulation of the photos (possibly also a VDO) infringing the rights to privacy of Bukit Lanjan State Assemblyperson (State Assemblyman is a gender insensitive term), Elizabeth Wong...Why was it done?

Yesterday, a Star report suggested that "...It could be her no-nonsense approach to environmental and other issues that led to someone “framing” her by circulating her scandalous pictures...". It also reported: '...that Wong played a prominent role in ensuring that the state government issued a blanket ban on hillside development in the state following the Bukit Antarabangsa landslide on Dec 6...“If the culprit or culprits succeed in removing an ‘unfriendly’ exco member, this can be repeated again and again,”

It could be her no-nonsense approach to environmental and other issues that led to someone “framing” her by circulating her scandalous pictures, executive councillor Iskandar Abdul Samad said of his colleague Elizabeth Wong.

Iskandar, who is in charge of housing, building management and squatters, said Wong could have stepped on toes since she took office 11 months ago.

“She has been very firm when dealing with environmental issues and the culprit could have been anyone at the receiving end of her crusade,” he said.

He noted that Wong played a prominent role in ensuring that the state government issued a blanket ban on hillside development in the state following the Bukit Antarabangsa landslide on Dec 6.

Iskandar said Wong had also been uncompromising with polluters, whom she called bio-terrorists.

He said it was frightening that such a crime could befall other exco members.

“If the culprit or culprits succeed in removing an ‘unfriendly’ exco member, this can be repeated again and again,” he said. - Star, 19/2/2009, Iskandar: Wong may have been framed

So, when you get a clean and firm government official, ADUN, MP, Exco Member, Cabinet Member...then, it may be 'good business' for some to get rid of him/her as soon as possible using whatever means possible...that seems the theory....and, I do believe that this can and do happen.

Anyway, the report did not make any direct accusations against anyone - but somehow the Housing Developers (represented through their organisation, REHDA) seem to be feeling 'guilty', and I wonder why?

Maybe that they felt that the accusations were directed at them...After all, Housing Developers may/would have a lot to lose if there is a total hillside debelopment ban - or if there are more stringent conditions/requirements that they have to comply with, would they not?]

It reminded me of the Malay proverb (bidal) , i.e. siapa makan cili, dia terasa pedas... (He who eat cili, feels the heat...something like that).

Selangor state executive council member Iskandar Abdul Samad should retract his recent statement claiming that Elizabeth Wong may have been sabotaged by someone who was at the receiving end of her environmental crusade.

Real Estate and Housing Developers’ Association patron Datuk Eddie Chen said Iskandar should make the retraction to “safeguard his reputation and good working relationship with developers.”

Iskandar’s statement on Wednesday had claimed the sabotage on Wong could be owing to her no-nonsense approach to environmental and other issues, leading to someone “framing” her by circulating her scandalous pictures.

Iskandar, among other things, said Wong might have stepped on someone’s toes as she played a prominent role in ensuring that the state government issued a blanket ban on hillside development in the state following the Bukit Antarabangsa landslide on Dec 6.

Chen said Iskandar’s statement implicating developers was simplistic and offensive.

“We will never use dirty tactics to get what we want. Rehda is not a political party. We seek to change government policies through technical and professional arguments and by lobbying.

“We may have disagreements with YB Elizabeth, but we are willing to wait until we can convince the Government of safe slope development. - Star Online, 20/2/2009, Retract statement, developers tell exco member

And, the reason as to why there should be a retraction - " ...should make the retraction to “safeguard his reputation and good working relationship with developers.”..." - does this not sound like a threat?

To safeguard his reputation - what does this mean? If not, are we also going to see some pictures and video about this ADUN as well? If not, are we going to see some other 'scandal'..?

safeguard ...good working relationship with developers - What is this? What does it mean? More political donations? More gifts? what does this really mean?

Peoples representative serve the people - their constituents, and are to act in their best interest without fear or favour.

I do hope this developer's association clarify this report - and certainly withdraw their 'threats' (And, in my opinion their words are threats...but you may have a different view..)

For peoples' representatives, we do NOT want them to have 'close/good relationship' with developers, big businesses, the rich, the employers, the powerful - they should be having the closest relationship with their constituents, the ordinary people ...the 'small' people.

It is sad that many politicians, after being elected, spend just too much time with the rich and the powerful, sometimes even side-lining the very people that they do represent. They have time to personally sit down with the rich...but is too busy for their ordinary constituents, who sometimes can only finally meet some assistant of theirs...

This was previously a phenomena with a lot of BN MP/ADUNs - but today some say that this is also becoming the case with regard to the Pakatan Rakyat reps as well...

Prefer fresh elections in Perak rather than some proclamation of Emergency

I have nothing to comment or add, but just share this Malaysiakini report that looks at what happened in the past in similar situations like what we have in Perak today...

In the past, UMNO-led coalition just cannot face the fact that they can lose - hence, they will even sometimes use declarations of Emergency just to stay in power...

It is this fear - that makes it so difficult to register new political parties.

It is this fear that makes it very difficult for opposition to UMNO political parties to expand their influences...restrictions on publications, restrictions on gatherings and functions, restriction....restrictions, etc..

The loss of 5 states was a bit too much to handle...and some other Prime Minister may have just resorted to some declaration of Emergency so that UMNO-led coalitions stay in power.

But, this Najib who hopes to be the next Prime Minister possibly after March, is not like Abdullah Ahmad Badawi and may resort to all kinds of tactics (clean or dirty) to wrest back power..and to also re-inforce the fear in Malaysian to ensure that they never again vote against UMNO-led BN...

Let's not forget, that there are some who do suggest that his father had a hand in bringing about 'May 13', with the object of forcing our 1st Prime Minister to quit so that he could take over as Prime Minister.

Najib, like his father, is impatient to get into the seat of power...and that is why we see Abdullah Ahmad Badawi being forced out earlier than should be as Presiden of UMNO...(But then Abdullah did the same to Najib's uncle, Dr Mahathir, did he not?)

Sarawak, Kelantan and Sabah have all faced a similar constitutional crisis affecting Perak today - in 1966, 1977 and 1985 respectively.

MCPX

Sarawak 1966

HP Lee has written about the incident estensively in his 'Constitutional Conflicts in Contemporary Malaysia'.

On July 22, 1963, Stephen Kalong Ningkan was appointed as chief minister of Sarawak.

Three years later, on June 16, 1966, Sarawak governor Abang Haji Openg called for Ningkan’s resignation with the support from majority members of the state legislature of Sarawak, also known as Council Negri. Openg and members of the council had lost confidence in Ningkan’s leadership.

Instead, Ningkan urged a reconvening of the state assembly to test the motion of no-confidence. In a move to dismiss Ningkan, the governor and state cabinet members appointed Tawi Sli as new chief minister on June 17, 1966.

Ningkan went on to institute legal proceedings at the Kuching High Court to declare his dismissal as void and to restrain Tawi Sli from acting as Sarawak chief minister.

During the trial, Openg stated he dismissed Ningkan upon receiving a letter of no-confidence signed by 21 members of the state assembly. In his judgment, chief justice Harley Ag ruled that the dismissal of Ningkan was void.

He concluded that based on the provisions of the Sarawak constitution, the lack of confidence can only be demonstrated by vote in the state assembly. Ningkan was reinstated.

Not giving up, Tawi Sli and Openg subsequently requested the reconvening of the state legislative assembly. A motion of no-confidence was moved. Openg had signed statutory declarations from 25 state legislative assembly members.

Ningkan retaliated by calling for a dissolution of the state assembly and for fresh state elections to take place. Openg refused as the position of a governor provided him with absolute discretion in matters of state assembly dissolution.

Under these circumstances, the Agong proclaimed a state of emergency and Parliament passed the Emergency (Federal Constitution and Constitution of Sarawak) Act 1966.

The Act resolved the constitutional crisis in Sarawak by empowering the governor to convene the state legislative assembly at his absolute discretion. The power to dismiss the chief minister, should he fail to resign due to a vote of no-confidence, was also bestowed upon the governor.

Kelantan 1977

PAS joined the Alliance government in 1973 and was acknowledged to have a stronghold in the state of Kelantan. After the formation of Barisan Nasional in 1974, Umno’s promise of non-interference was not kept.

At the state level, the Umno-PAS rivalry intensified leading eventually to PAS’ decision to remove the incumbent Menteri Besar Mohamed Nasir for defying party instructions in 1977.

Mohd Nasir appeared more a recalcitrant than an Umno convert, but his defiance towards the PAS leadership gave Umno a golden opportunity to intervene. PAS called for his resignation, but Mohd Nasir refused and presented himself as the champion of an honest and clean government against corrupt and self-serving politicians.

A motion of no-confidence was tabled in the Kelantan state assembly and was supported by 20 PAS votes after 13 Umno and one MCA assembly members walked out in a show of protest.

A legal impasse ensued when Mohd Nasir called for the dissolution of the state assembly. His supporters took to the streets, leading to violence and looting.

At the federal level, Hussein Onn took over prime ministership following Tun Abdul Razak’s untimely death. This prompted the federal government to ask the Agong to declare a state of emergency and curfew in Kota Bharu in 1977.

HP Lee in his book notes that Hussein Onn invoked Article 150 of the Federal Constitution - relating to the proclamation of emergency - to deal with the problem.

An emergency bill for Kelantan, pending a new state election, was rushed through Parliament and passed with 118 votes in support and 18 against.

Of the 14 PAS members, 12 voted against while all six DAP members also opposed the motion. The bill is known as the Emergency Powers (Kelantan) Act 1977.

PAS members who held office in the BN government resigned but said they wanted to remain in BN. However, the BN supreme council decided to expel all members who had voted against the Kelantan Emergency Bill.

The state of emergency was later lifted in February 1978, allowing the state election to be held the following month, with Umno going on to form the state government after defeating PAS.

Sabah 1985

Berjaya under the leadership of then Chief Minister Harris Salleh lost Sabah in the 1985 state election to Joseph Pairin Kitingan's Parti Bersatu Sabah (PBS).

PBS controlled 26 seats in the 48-seat state assembly. United Sabah National Organisation (Usno) led by Mustapha Harun won 16 seats while Berjaya only garnered six seats.

In an attempt to seize the state from PBS, Gordon P Means in 'Malaysian Politics: The Second Generation' explained: “Harris Salleh conceived of a scheme to deny his arch-rival and critic, Joseph Pairin Kitingan, of the fruits of victory. Under the Sabah constitution… the chief minister had the power to appoint six non-elected assemblymen.

“Berjaya, with its six appointed members would support Tun Mustapha for chief minister, who with Usno’s 16 elected members and the six appointed members would constitute a majority of 28 in the 48-member assembly.

"By this move, Berjaya would also have the power to force a new election at any favourable moment so as to recoup its losses.”

According to Ling Jiew Bu in 'The Night That Shook Sabah', "the Tun Mustapha writ stated that the incident was called 'palace coup'. Mustapha Harun along with his supporters entered the residence of the Sabah governor in the middle of the night, forcing the governor to appoint him chief minister on April 22, 1985 at 5.30am."

The appointment was revoked the same day as Pairin was appointed and sworn in as chief minister. Mustapha Harun claimed that the governor’s revocation of his appointment as chief minister on April 22 was ultra vires in court.

Justice Tan Chiaw Thong of the High Court dismissed Mustapha’s claim based on Article 6(3) of the Sabah state constitution.

No-confidence vote essential

How are all these crises relevant to the current Perak crisis?

They go to prove that a motion of no-confidence is essential in the removal of a chief minister or the current government. Failure to do so would open the option for a state of emergency. - Malaysiakini, 19/2/2009, Constitutional crises in the past

The police shot dead another 6 in Kedah - no one, except alleged girlfriends survived

There has been concerns about these 'shoot to kill' incidences involving the police for some years now, and again we see that it has happened again and 6 have been shot dead.

I always wonder why there is no of the persons that were shot survived to be arrested...charged and tried.

What are the chances that all the 6 men are killed in the shooting?

Odd, that not a single policeman seem to have suffered any injury by reason of being shot...although they say that the 6 shot at the police...

8 policeman and 6 allegedly suspects in shoot-out, all 6 dies, and not a single police officer killed or sustained any bullet wound, odd, is it not...

Kedah police chief Syed Ismail Syed Azizan said that in the 10.10pm incident, a team of eight policemen, acting on a tip-off, raided a house which was believed to be used as a center for illegal gold smelting.

"When the policemen barged into the house and introduced themselves, six men between the ages of 20 and 50, fired several shots at them, and in defence, the police fired back and the shots hit the six suspects," he was quoted as saying by Bernama. - Malaysiakini, 18/2/2009, Six killed in shootout with cops

This incident needs some serious investigations?

Were the police targetting areas of the victims bodies that will cause death - or were they trying to just shoot, injure them and arrest them?

Why did this incident involve '... CID officers and personnel from Bukit Aman, Penang, Perak and Kedah...'. Why was it not just a group of police from Kedah ...and maybe Penang?

Were the 'specialists' brought in to do this arrest...or maybe just do them all in? Serious questions that need answers.

There must be comprehensive investigation done NOW - and it will be interesting to see where the police bullets landed.

After killing 6 of them, it is very very wrong for the police to make allegations or implications that these were 'very bad people' - i.e. robbers, ' high on the police’s wanted list for the past two years', and “They were part of a group with links to the notorious ‘Gang 8’ that was actively involved in criminal activities in Kulim."

The dead cannot defend themselves - and the Malaysian public should not blindly accept what the police says about these victims.

Interestingly, it happened in Kedah... (the place where there will be a by-election soon)

Interestingly, the 6 who were shot dead by police were all Indians - and Indians make up a significant percentage of voters..

Putting aside the by-elections, I wonder when we will see an end to these 'shoot to kill' incidents. Why were they killed? Was it accidental or was it intentional?

Were the pistols really seized from the robbers, now dead, and who cannot even dispute the police version of events.

Was the whole action of the police recorded?- Maybe that should become standard procedure. Then, we could always look at the recordings, and decide whether it was as the police said it happened. Whether the police used reasonable efforts to apprehend the 6 suspects alive?

The six suspected robbers shot dead in Kampung Kemunting, Karangan, Kulim on Tuesday were high on the police’s wanted list for the past two years.

Bukit Aman CID director Commissioner Datuk Seri Mohd Bakri Zinin said the group was believed to be involved in at least nine armed robbery cases, including five in Kedah alone.

“They were part of a group with links to the notorious ‘Gang 8’ that was actively involved in criminal activities in Kulim.

“We have been monitoring them for two years and took all necessary measures before conducting our raid at their house that was guarded by several Rottweilers and three-metre high zinc fencing,” he said at a press conference here yesterday.

Comm Mohd Bakri said the raiding team, comprising CID officers and personnel from Bukit Aman, Penang, Perak and Kedah, were shot at by the suspects and police returned fire, killing them.

Deadly weapons: Kedah Police Chief Deputy Commissioner Datuk Syed Ismail Syed Azizan showing the pistols seized from the robbers during a press conference in Sungai Petani Wednesday. — Bernama

The dead were identified as contract workers R. Elangovan, 38, and L.S. Santana, 34, contractor R. Pannir, 28, crane driver S. Vadivelan, 29, carpenter S. Gurusamy, 50, and lorry attendant R. Dilip Kumar, 20.

Four women, aged between 21 and 28, said to be their girlfriends were also picked up and remanded by a magistrate’s court to assist in investigations.

Comm Mohd Bakri also denied talk that one of the suspects who was killed was a schoolboy hit by stray bullets, or that one of the dead suspects was related to a politician.

“We hope politicians, non-governmental organisations and the public will stop twisting facts and figures that could create unnecessary problems.

“Our job is to protect the public and not harm them,” he said, adding that police would not hesitate to take action against those who spread rumours and politicised the case.

He stressed that police did not target any race in curbing crimes.

“The police had grounds and proof to conduct the raid on the group. We did not simply ambush them because they are from certain race.”

Comm Mohd Bakri also said police would be calling up Padang Seri MP P. Gobalakrishnan to assist in investigations as he seemed to have more details and information than the police regarding the six who were killed.

He hoped Gobalakrishnan would come forward and assist the police as the police wanted to ensure investigations were transparent and covered all angles.

Gobalakrishnan and fellow PKR MP Zulkifli Noordin (Kulim–Bandar Baru) said in Parlia-ment yesterday that an independent panel should be set up to investigate if proper procedures had been followed in the shooting.

Both questioned the rational of the police action.

Gobalakrishnan said all six, were locals in Kulim and one of them worked in Singapore. - Star Online, 19/2/2009, Dead robbers high on wanted list

They are human beings, and they deserve to be treated as such...

Just something, I saw in the Malay Mail that I wanted to share with you all...

We sometime treat them as though they are not human beings...

We must have laws that define minimum standards for accommodation for migrant workers.

But it is a monstrous act of barbarism to force some 100 people, regardless of their origin or legal status, into a 1,000 sq ft shophouse unit only to release them when their manual strength is required for work we ourselves are too lazy, or too dainty, to do ourselves.

Migrant workers must never be deprived of their passports - because the inability to show the police, immigration enforcement officer and/or that RELA person is the main reason why they sometimes unnecessarily get arrested and end up for weeks...sometimes months in detention centres...See also earlier post about just one such case ...Illegal for employers to hold Migrant Worker's passports..

Let's not forget that it also did happen to our Malaysian pregnant woman, M. Rajeshvari too...who was there in detention for 11+ months.Pregnant Malaysian mum wrongfully detained in Migrant Detention Centre for 11+ months

They may look different - talk differently ...but let's not forget that they are human beings too...

Our national borders are porous and for many years those living in countries less fortunate than ours have sought, by hook or crook, to make better futures here.

Whether they enter Malaysia legally or not, migrant workers are entitled to the same basic human rights as anyone else. While we may debate the fitness of extending legal protection
to those who by virtue of being in this country have already broken immigration laws, even illegal immigrants are entitled to one basic right:

To be treated as human. Unfortunately there exists a “grey” labour market in which immigrants are literally enslaved in the service of those who have no scruples.

These individuals enter our country legally, either as bona fide workers or under the cover of being a student, or something else, but what do we know of what happens after they arrive?

What do we know of the companies that employ them?

Our recent reports uncovered a sight so appalling that few are prepared to believe
Malaysians, with all their relative wealth and reputed friendliness, could be capable of such crimes against humanity.

It is a crime to deprive a person of his or her passport unless it is ordered thus by a court of law. It is a crime to deprive anyone of medical attention they might need.

Unless by operation of law, it is a crime to place even a single person in a flat under lock and key against his or her will.

But it is a monstrous act of barbarism to force some 100 people, regardless of their origin or legal status, into a 1,000 sq ft shophouse unit only to release them when their manual strength
is required for work we ourselves are too lazy, or too dainty, to do ourselves.

And yet this is precisely what has been claimed of a shophouse in Bandar Sri Damansara where around 100 Bangladeshi workers were found living in conditions none can describe in any
way to meet basic human or humanitarian standards. Those responsible have claimed that the workers had been retrenched, and that the “hostel” was only a halfway house where they awaited the renewal of their work permits.

Perhaps this is true. However, some workers claim, among other things, to have been deprived of their passports, and one says he paid RM12,000 for a job in Malaysia, only to have remained unemployed in the four months he has been here.

This too might be true. Our course is clear: We must first of all remove these workers from their present circumstances and the authorities must establish the truth of the matter and take
the appropriate actions.

The simple solution would be to repatriate these workers to their home countries as soon as possible. To be sure, costs will be incurred by those who employed them in the first place, but surely the value of human life and dignity must not be measured by the dull weight of mere
lucre?

Do we not act well enough to condemn atrocities in Palestine and elsewhere?

Do we move sluggishly to mobilise aid for those deprived by natural disaster of food, shelter
and sources of income? So why then do we treat as invisible those by whose blood and sweat we build our country?

Why then do we treat people — men and women of flesh and blood that bleeds red the same as ours — as animals fit only for a cage? How dare we? A deputy minister has visited the two-bedroom flat, but to date no official action has been taken.

Thanks to the good graces of a nongovernmental organisation, help is on the way, but the
core issue has not yet been addressed.

We have laws in this country, do we not? So why don't we enforce them? - Malay Mail, 18/2/2009, Free these 'prisoners' of convenience

Even Thailand have local council (local government) elections. Shame on you, Malaysia.

There is Local Council (Local Government) Elections in Thailand ...and it has been going on for some time now...and it works...and Malaysia must also bring back Locl Council elections

We had it in Malaysia until the UMNO-led government discontinued it in 1964...

Forms and Characteristics of Local Government (1997) in Thailand

Forms of Local Government	Size and Population	Chief Executive	Legislative
1. Bangkok Metropolitan Administration (BMA)	urban, 1,565 km2 population 7.2 mil. divided into 38 districts.	governor, directly elected by popular votes; who appoints 4 deputies, and 38 district officers	38- member council elected by popular votes; each district has a 7-member council elected by popular votes
2. Municipality 144 municipalities (1997) in 3 categories:	urban	mayor, elected by the council,	council elected by popular votes for a 4-year term
2.1 Tambon Municipality (48 as of 1997)	population > 7,000 pop. density - 1,500/km2 revenue> 12 mil. Baht/year	mayor, elected by the council; the mayor appoints 2 executives	12-member council elected for a 4- year term
2.2 Town Municipality (87 as of 1997)	population > 10,000; pop. density> 3,000 /km2 revenue: compatible with responsibility	mayor elected by the council, the mayor appoints 2 executives	18-member council, elected for a 4-year term
2.3 City Municipality (9 as of 1997)	population > 50,000 pop. density >3,000 /km2 revenue as compatible with responsibility	mayor elected by the council, the mayor appoints 4 executives	24-member council, elected for a 4-year term

The reasons for the abolition of local council elections in 1964, and not having it again, was that "...on account of political expediency as most of the elected local councils were then controlled by the Opposition in towns throughout the country..."

People are smart and then to vote in such a way that there will be a certain amount of check and balance.

Today, Pakatan Rakyat governed states are, I believe, just as fearful as the BN , fearful that if they do proceed to have local council elections, the people may just vote in the Opposition into the local council - and this may means that the BN will end up in control the local councils.

Pakatan Rakyat must rid themselves of this fear... and restore democracy to all levels of government, and should immediately carry out local council elections - and even elections at the other micro-levels like Kampungs, Kampung Barus, Tamans, etc...

Democracy means governance by the community through its elected representatives for the benefit of the community. Malaysia has chosen democracy as the system of governance. As in other democratic countries, we too have chosen three levels of goverence - Town Councils (local authorities), State Legislative Assemblies and Parliament. The people’s representatives at all these levels should rightly be elected by the people. In fact, several years before Merdeka, while the country was still ruled by the British colonialists, Malaya had local council elections.

Elections to local councils continued even after independence from 1957 until 1964. The government headed by Tunku Abdul Rahman, however, abruptly suspended local council elections in the wake of the Indonesian Confrontation. Following that, a committee headed by Datuk Athi Nahappan was appointed to inquire into and recommend to the government whether or not to revive local council elections. Athi Nahappan was then the deputy president of the Malaysian Indian Congress (MIC), one of the three political parties in the Alliance which formed the government of independent Malaya.

Athi Nahappan’s committee in its report to the government recommended the restoration of local council elections. Although the Tunku was known to be a democrat - having spent more than 10 years in England, he must have been very familiar with the virtues of democratically elected local councils - his Alliance govrnment chose to ignore the recommendations of the Nahappan Commission (See ‘Act of betrayal’ by Dr Johan Saravanamuttu, Aliran Monthly Vol 20 No 4 for a comprehensive account).

You may ask why the Tunku rejected the recommendation. Let me refer you to the article 'Bring back local council elections' by a prominent parliamentarian and extremely knowledgeable lawyer, Karpal Singh, which was published in Aliran Monthly Vol 25 No 3. Karpal Singh hit the nail on the head when he put it bluntly that the government abolished local council elections on account of political expediency as most of the elected local councils were then controlled by the Opposition in towns throughout the country.

In Karpal’s opinion, which is shared by many, "…it is the abolishing of the local council elections in 1964 which led to the sorry state of affairs” that we witness today.

Local councils have become unaccountable, indifferent to people’s woes, inefficient in their management and intolerable in the way services are provided. Councillors become arrogant, abuse their powers, serve themselves, not the public, and become the source of corruption as has been exposed.- Aliran Monthly, 22/5/2007, Restore local council elections

Pay us money, and we(RELA) will not take action against you - sounds like the 'protection money' one pays to...

Once in a while 1 or 2 RELA members are caught and get charged in court, but alas it is for taking some comparatively very small bribes...

This is one of a few are sometimes , possibly mere 'show pieces' to show that action is being taken against corruption of RELA... and many a time, it is the big guns that get off scot free...

Abolish RELA - government should employ more public servants as immigration enforcement officers and/or police.

In the same court, Rela member Abdul Rahman Mat Yatim, 50, was charged with accepting RM150 from Dedy Kurniawan as inducement not to lodge a police report against Muhammad Rizal, whose passport had expired.

Rahman was alleged to have committed the offence at Restoran Az-Haar Corner at No 29G, Senawang Commercial Park, Jalan Commercial Senawang 7 in Senawang about 11pm on Sept 4, 2006.

He was jointly charged with another Rela member, Sannasi Ramaiah, 46, with three other counts of receiving RM150, RM200 and RM500 from Roni Ertika not to lodge a report about Muhammad.

Both men, who were unrepresented, allegedly received RM150 at the same restaurant in Senawang about 11pm on Sept 4, 2006, and RM200 and RM500 at a house in Jalan Peniaga 3, Taman Senawang Jaya in Senawang about 2am on Sept 4, 2006.

Zamri fixed bail at RM1,000 on Rahman's first charge and RM4,000 for each accused on the three joint charges.

The cases will be heard on March 12. - The New Straits Times, 13/2/2009,Puspakom, Rela officers charged

Elizabeth Wong:- Resignation is definitely not the answer.

There was concern about the stance of Anwar, the leadership of PKR and the leaders of Pakatan Rakyat..

Would they be asking Elizabeth to stay on and fight - and not let these kind 'dirty tactics' force her out of the EXCO ... and as a ADUN..

PKR defacto leader Datuk Seri Anwar Ibrahim has rejected Elizabeth Wong's offer to resign as an Selangor exco and Bukit Lanjan assemblyman over her nude pictures.

Anwar said he had told her to rethink her option while on leave.

"Azizah (PRK chief Datuk Seri Dr Wan Azizah Wan Ismail) and I will meet up with her again to discuss and see what is best for her. I have asked her to rethink her option," he said during a packed press conference at the Parliament lobby. - The New Straits Times, 17/2/2009, Anwar rejects Elizabeth Wong's offer to quit

And later, there was another statement in Anwar's blog - or was it the same statement, and NST misreported about all that asking her '... to rethink her option while on leave...',

—PRESS STATEMENT FOR IMMEDIATE RELEASE—
Parliament House, 17th February 2009

The last few days must have been trying and stressful for her and her family. We hope the mass media will give her the breathing space she deserves.

I refer to the statement released by our Elizabeth Wong today wherein she has offered her resignation as State Executive Councillor and Bukit Lanjan Assemblywoman.

I can only use the strongest possible terms to condemn the smear tactics used against her. One can only wonder to what depths the people behind this will stoop to achieve their aims.

Elizabeth Wong has spoken at length to Azizah and me. We have discussed the issues and we understand her reasons and the decision she has taken.

ANWAR IBRAHIM
KeADILan De Facto Leader

Has Elizabeth Wong resigned as ADUN for Bukit Lanjan?

She made a public statement offering her resignation...but alas that is just an offer to resign...not a resignation.

Art 68 of the Selangor State Constitution states that resignation by an ADUN is '...by writing under his[her] hand, addressed to the Speaker. So there must be a letter of resignation addressed to the Speaker. Was there such a letter.

The Election Commission is already talking about the posibility of Bukit Lanjan by-elections being on the same day and time as the other 2 by elections. Mmmm...so we will have by-elections in Perak, Kedah....and now maybe Selangor. But, the EC guy also stated that he had not yet received any official/formal notification.

Some say that Eli Wong should resign ...and then run again as a candidate in the by-elections.

But, alas Art. 64(5) of the Selangor State Constitution states that "a person who resigns his membership of the Legislative Assembly of this State or any other State, shall, for a period of five years beginning with the date on which his resignation takes effect, be disqualified from being a member of the Legislative Assembly of this State."

This is similar to Art. 48(6) of our Federal Constitution, which deals with MPs...

(6) A person who resigns his membership of the House of Representatives shall, for a period of five years beginning with the date on which his resignation takes effect, be disqualified from being a member of the House of Representatives.

I, who may not be privy to other reasons that made her offer to resign, state that I believe that she should not resign.

Go back to your constituents - ask them what they would like you to do? They chose you as their representative - and we all know that you are human - not a saint. Worse still, in this case, you did no wrong ...and in fact, you said so ..."I have done nothing wrong...I wish to state that I am not ashamed of my sexuality as a woman and as a single person....".

Therefore, stick to your principles and certainly do not resign as the ADUN of Bukit Lanjan...

Continue to serve the people...

Remember that everyone who stands out risk being the victim of all kinds of mud-slinging. Best to not bother at all. Do not even waste time answering or justifying anything - Just continue the work for justice and human rights...

Eli Wong's public offer to resign as ADUN may be a betrayal of 12,125 plus Bukit Lanjan..ians

Why is Elizabeth Wong offering to resign as State Assembly Women(ADUN) for Bukit Lanjan?

There are 'nude' photos of hers allegedly being circulated....

...and maybe there may be threats that other photos of her with some other may start circulating later on - UNLESS she resigns now her position from the Selangor Exco...and as ADUN.

Maybe, there are even more 'revealing things' to come UNLESS...

Being naked not in public is alright, or is it not? And, does it become a wrong when someone secretly takes and/or starts circulating it...

In Malaysia, nudity and sex arouses more reaction from Malaysians - compared to corrupt practices, 'murder'...and it is so sad.

In our past, we have had several victims of allegations involving sex/sexual conduct like BN MIC's D.P. Vijayendra, BN MCA's Chua Soi Lek, even BN UMNO's Rahim Thamby Cheek, PR PKR's Anwar Ibrahim, PAS's Mat Sabu...

But, now, maybe the time is ripe to deal with the question of whether what does in one's own private life (safe, of course if it was an offence) should have a bearing on our position as ADUN/MP, MB, CM, PM, PM,...Cabinet/Exco?

If one is found to be corrupt, to have abused one's power, to have been negligent and this negligence has (or may have) resulted in people suffering loses/life/etc - then, of course, the only honourable thing to do is to resign.

But, not for photos/videos of what one did in the private..., I do not think so..

For photos showing you naked with another in a room...Well, if Muslim, then we may say that it is khalwat even if the 2 persons were fully clothed and having coffee...but, if it is non-Muslims, then it is just immoral to some but nothing illegal - certainly not an 'offence' in law.

Should the higher standards of Muslims apply also to non-Muslims in Malaysia? Should the higher standards of Muslims apply also to non-Muslims who hold public office in Malaysia?

Here, we have allegedly photos of her alone, allegedly nude or semi-nude...

So, should she resign her position?

I think not...but the ultimate decision will be hers...

But, maybe she should really go back to her own constituents and see what they say... for after all, she is their representative in the Selangor State Legislative Assembly...(She is not PKR or Pakatan Rakyat's representive in the State Legislative Assembly - she was elected, by the people, not appointed by the party like them Local Councillors...)

I do not think 'that good of the party' should supercede the wishes of the people , i.e. the constituents of Bukit Lanjan. Remember, that in GE2008, she defeated the incumbent , getting 12,125 votes, and her majority was 5,155...

I believe that she should not even offered to resign....certainly not as ADUN Bukit Lanjan.

If the Pakatan Rakyat Menteri Besar and government of Selangor has a problem, then maybe resign as Exco but stay as ADUN.

If PKR has a problem with it - then maybe quit PKR and stay independent... (or join DAP, PRM, PSM,...)

If your constituents do not want you anymore, then only should you consider resigning as ADUN...

By offering to resign publicly now, without even going back to your own constituents in Bukit Lanjan - do you think you have been fair to them who gave you the mandate to represent them ( the 12,125 of them and the rest of the people of Bukit Lanjan)

Withdraw your offer to resign as ADUN of Bukit Lanjan - go back to your constituents first, and consider their feelings and decisions - and then do what they want you to do. Do not do just what your political party wants you to do - that is always secondary to what your constituents want..

I would like to share with my readers both Elizabeth's media statements, that I copied from her blog...(for after all, the mainstream media may not give her the space to express herself completely...)

PRESS RELEASE
17 Feb 2009

The events of the past two days have shown an insidious and underhanded attempt by certain quarters to smear my reputation. My personal life and privacy have been violated.

These people have conspired to undermine my credibility both as a Selangor State Exco Member as well as a Keadilan leader. Although the smear campaign directed towards me has caused me a lot of anguish, I am aware that the real objective is to discredit Parti Keadilan Rakyat.

I have done nothing wrong.

I wish to state that I am not ashamed of my sexuality as a woman and as a single person. I have broken no law. I stand by the fundamental principle in a democracy that everyone has a right to privacy.

Parti KeADILan Rakyat stands for ‘new’ politics that holds justice and human rights as core values which transcend gender, ethnicity and class. ‘New’ politics also means we rise above gutter politics.

It is precisely this that I believe that these attacks will continue with greater intensity, and I have no doubt that Umno and Barisan Nasional will continue to manipulate the situation. Accordingly, I have decided to make a stand, in the interest of the party and its struggle for the people.

I have received overwhelming support from my family, my constituents, Pakatan Rakyat colleagues, friends and the general public. However, in the interest of my party, I have decided to offer my resignation as a Selangor State Exco Member as well as the State Assemblywoman for Bukit Lanjan.

I will discuss with the Menteri Besar to arrange for the proper handover of my responsibilities. I will continue to serve the people and fight for justice in Malaysia.

Last but not least, I am very grateful to the people who have placed their trust in me and my party, and I thank them for the opportunity that they have given me to serve. Words cannot possibly express my eternal gratitude to outstanding staff members and fellow ADUNs, and most of all, my Menteri Besar Tan Sri Khalid Ibrahim who has given me his unwavering support and the opportunity to work with him.

If I have let anyone down or offended anyone, I offer my sincere apologies.

ELIZABETH WONG
ADUN BUKIT LANJAN
EXCO for Tourism, Consumer Affairs and the Environment

And, also the earlier media statement...

Press Release: 16 Feb 2009

I was informed on Friday 13 February, 2009 by journalists from the Malay Mail that they have in their possession intimate photos of myself and that the newspaper will be publishing a story about these photographs.

I was told that some people are trying to distribute photos/videos showing me asleep in partial nudity and also in intimate positions.

The distribution and publication of these photos/video is a malicious attack on my personality. This constitutes a gross outrage on my modesty, a gross invasion of my privacy, and in particular the sanctity of my personal life. It is being done by unscrupuluous persons to embarrass and discredit me。

I am a victim in this incident.

I have yesterday lodged a police report in relation to this matter and I will fully cooperate with the police in their investigation. I will therefore not speculate publicly about those responsible for this gross invasion of my privacy.

I have received a lot of support from my supporters, friends, colleagues and members of my constituency. I wish to thank them for their concern, support and encouragement.

My family members are standing behind me. I would like to appeal to the media to give me and my family members some breathing space in this trying time so that I can weather this huge challenge.

I will in the meantime continue to carry out my task of serving the people of Selangor faithfully.

Bkt Antarabangsa forgotten - Hillside Development Projects on as usual?

All that talk and 'promises' about banning further hillside development after that Bukit Antarabangsa incident which saw the loss of lives...seem to have been forgotten so fast as our UMNO led-BN government gives the 'green light' again for hillside development...

Resident associations have expressed their outrage at the Works Ministry’s “green light” for hillside development to continue.

The housing developers association, however, welcomed the an­­nouncement and labelled a total ban as “absurd”.

On Saturday, Minister Datuk Seri Mohd Zin Mohamed said land was needed for development as the country’s population was increasing. - Star, 16/2/2009, Furore over lifting of hillside ban

And, what about Pakatan Rakyat government..

In Selangor, on the face of it they seem to be saying NO ...but it seems like a weak 'NO' - which may soon be a 'yes'..

The state government has brushed off the Works Minister’s comment that hillside development will go on, saying it cannot lift its blanket ban just because a federal minister thinks it is the right thing to do.

“He has to prove the viability of his opinion and we want to see some evidence that it is safe to lift the ban,” said Selangor Local Government Committee chairman Ronnie Liu.

Liu added that a fact-finding mission and in-depth research must be carried out before a decision is made. He said past experience did not reflect Datuk Seri Mohd Zin Mohamed’s optimism that certain hillside development could be carried out again.

He said the state had received many requests from developers, and from its own land task force, to lift the blanket ban on hillside development.

“We are looking into it as these developers, who own large parcels of Class 3 and Class 4 land, are telling us that it is safe to build if it is done properly,” he said.

Liu, however, reiterated that the state needed further convincing before it would even consider lifting the blanket ban. - Star, 16/2/2009, Selangor won’t lift hillside ban

Wonder whether Ronnie is speaking for the State Government - as earlier, the main advocate for a stop or greater control of hillside development, Elizabeth Wong (the tourism, consumer affairs and environment exco in Selangor) has yet to comment. Remember, she was the one who came out with "We ask that “people” be put ahead of “profits”" in her article entitled Bitter Vindication, Sun, 10/12/2008. Wonder whether this new 'scandal' has got anything to do with this issue of hillside development...

In Penang, the PR government seems inclined to continue with hillside development - citing having to pay out RM100-RM200 million if they stop these hillside development...(I really wonder why they have to compensate developers or anybody...if they ban hillside developments...)

In George Town, Penang Local Govern­ment, Traffic Management and Environment Com­mittee chairman Chow Kon Yeow said it would be disastrous to stop ongoing hillside development projects in the states.

Chow said that if these projects were stopped the local councils would have to fork out RM100mil to RM200mil as compensation for developers. He said the state government could only ensure that projects complied with existing guidelines.

“We have taken measures such as issuing stop-work orders on some projects, sometimes even repeatedly, to ensure the developers complied with the guidelines,” he said.

“The state should not be accused of not addressing the residents’ problems as these projects were not approved by the present administration,” said the Penang DAP chairman said when commenting on recent protests held against hillside development.

He said it would be easier if the Federal Government imposed a blanket ban on all hillside projects.

In fact, the Pakatan Rakyat there is saying that it is better for the Federal Government to impose a blanket ban...

Sounds familiar... same kind of arguement that they are giving for the not holding of Local Council Elections - saying that Federal Law is on the way (a disputed arguement, anyway). They did not even try at all...(In fact, there is still no mention about when this local council elections will be held ...and remember that civil society groups said that it should be before 2010 - and that is about 10 months away)

Same thing is happening to hillside development...in the days after some catastrophe causing life and property loss, the government (be it BN or PR) will come out and talk about 'banning' -- imposing stricter conditions, etc ...and a few months down the road, it is back to usual..

I, may not be for the total ban of all hillside development - but given the numerous incidents, there must be more stringent guidelines and conditions, and it is important that it be developed not just with REHDA (that Housing Developer association) but also the environmental groups, residents associtions, etc. Further, we have a lot of land - we really do not need to have too many hillside development projects. Maybe, we should be looking at Japan...

Also, we have to note that the incidences of earthquake/earth tremors in Malaysia has been in the rise, especially in Bukit Tinggi. Climate has also changed drastically, and as such there must be a review of the standards and requirements for all new building projects.

I have also been wondering whether we do have even fire fighting capabilities for these very very high buildings that are now to be found in most big towns. In KL, it is generally the poor who are being housed in these very high 'chicken-coop's, we call flats...

Maybe, we should be looking at Japan...for the standards, guidelines, etc.. Better to have much higher standards if we really do value human life more than profits


Some interesting reports, and what they said in the past...just after Bukit Antarabangsa trajedy...

Abdullah Ahmad Badawi..

Prime Minister Datuk Seri Abdullah Ahmad Badawi has ordered all hillside housing projects at Bukit Antarabangsa here to be halted pending a soil stability study by the Malaysian Public Works Institute (Ikram).

Abdullah said all future projects too would also be stopped in order to prevent any further worsening of the soil conditions at the hilly area.

“I am sure this will incur the wrath of individual land owners and developers but enough is enough,” he told reporters Saturday after visiting the landslide-hit area here.

He said no further risks should be taken after two warnings of the impending dangers were issued first by the Highland Towers condominium collapse in the 1993 and then by Saturday’s tragedy.

“But Malaysians never want to learn from past experiences, they want a good view (scenery) while developers only seek to profit but no one takes safety and soil stability into consideration. - Star, 6/12/2008, PM: 'Enough is enough, stop the hillside projects'

Mohd Najib Razak - DPM, the new UMNO President by the end of March 2009

The Government will not be issuing any more permits for hillside developments following the landslide tragedy at Bukit Antarabangsa early Saturday morning.

Deputy Prime Minister Datuk Seri Najib Tun Razak said this on Saturday at a press conference after visiting the tragedy site.

He also told developers not to lobby or pressure the Government for any building permits for hillside development projects.

He said preventive measures must be taken to avoid hillside tragedies. - Star, 6/12/2008, No more permits for hillside projects: Najib

Pakatan Rakyat governments of Penang and Selangor...

My friend Anil Netto, in his blog looked in December the contradictory stances taken by Penang and Selangor with regard to hillside development...in his posting entitled -Hill-slope projects: Contrasting positions of S’gor and Pg

The Penang government’s position from the Malaysian Insider:

KUALA LUMPUR, Dec 10 — Penang’s Chief Minister wants the federal government to set up a geotechnical engineering unit under the Public Works Department to ensure the safety of all hillside developments.

In light of the latest landslide incident in Bukit Antarabangsa which killed four people, Lim Guan Eng said Malaysia should learn from the painful experience and emulate Hong Kong, where 80 per cent of the buildings sit on slopes.

Says one long-time Penang resident:

A good reflection of where this DAP government stands with regard to hill-slope development. Very business friendly….

Lim Guan Eng knows full well that the Federal Govt will NOT implement such a suggestion. But he makes it anyway so he looks good, like he cares but in effect, he does not. Because, if he really cared (for public safety), instead of taking care of business interests, he would have called for a full moratorium or stop on hill development in Penang.

This perception is by no means an isolated one among those concerned about the environment in Penang. The following is a comment from another long-time resident of Penang, a foreigner who “is saddened by the destruction of Penang’s once beautiful north coast, where Moonlight Bay has become ‘Moonscape Bay’ and a disaster waiting to happen.”

I never thought I would see it but awareness and sentiment finally seem to be moving against the madness of clearing and building on dangerous hill slopes. It is a pity though that Penang is still far behind Selangor in taking the necessary measures to prevent further tragedy and environmental degradation. Selangor Exco member Elizabeth Wong’s article “Bitter vindication” in theSun 10 December p.16 should be read and disseminated widely. The issue really is one of putting “people” ahead of “profits.”

This is theSun report (10/12/2008) he was referring to:

Bitter vindication
by Elizabeth Wong

ONE of the earliest policy decisions by the Pakatan Rakyat Selangor government was to throw out any housing and building applications for Class 3 and Class 4 hillslopes to preserve environmentally sensitive areas and prevent landslides. This was decided at an executive council meeting on April 2.

Selangor became the first state in the federation to have complied with the Federal Town and Country Planning Department’s Total Planning Guidelines 1997 (2nd edition, 2001) which states that no housing development should be allowed on slopes with 25° and above gradients.

Developers thought it was a late April Fool’s joke. Since our ban, they have used all means – the media, blogs, lobbying by state reps and MPs etc to change our minds. We were vilified as “anti-business” and “anti-development”. I have even had some of our Pakatan MPs asking us to make exceptions for Class 3 slopes.

I was told they particularly disliked me and called me “lan-si” (arrogant) just because during a public meeting of developers, NGOs, residents and the exco, one of the key developers questioned how the state government could stop hillslope development, and I answered, “Because we can…” And none were too happy when I had to repeatedly wave the Total Planning Guidelines book at them.

And every couple of months, we have had to repeat our policy decision. Even as recent as last month, developers were insisting that they had the right to develop hill slopes and some had told a couple of exco members that they were planning to sue us. One of them said we would have to compensate them RM330 million (25% of our state budget) for possible loss of profits. Imagine the pressure of a lobby group whose combined income and assets dwarfs the state government!

Saturday’s tragedy proves the correctness of the decision of the state government. But vindication which comes after the loss of four lives and more homes is unspeakably bitter. There are some 5,000 residents living in the vicinity of the Bukit Antarabangsa landslide who face uncertainty and may have to vacate their homes.

We ask that developers stop pursuing and pressuring us to review our policy, and instead thoroughly go through every single technicality of their existing hillslope projects.

While Ikram and the Public Works Department are responsible for pinpointing the cause of the tragedy, the state government will immediately review all approved hillslope projects by the previous administration, whether standing or partially built.

Those where there is no construction yet but approved before March 8 should not be allowed to proceed, especially along the same range of Bukit Antarabangsa and Hulu Kelang – which should include Taman Hijau and Bukit Melawati.

We had come too late. Many of the hillslope projects have been standing for a number of years, some were half completed when we came into power. Without proper maintenance of slopes and drainage on these private lands, tragedy will strike after many years, always after the period of indemnity is over. Those areas shown to be prone to landslides such as in Hulu Kelang, where the Public Works Department had flashed its red card in 2005, more stringent conditions will be imposed on existing projects.

All developers and private land owners have to protect and reinforce their own hillslopes if they want to continue to prosper, own property and do business in Selangor. We recently received complaints from Ampang, Kajang, Cheras and Pandan where private landowners and developers have neglected to protect hillslopes and there are already signs of wear and tear. Some have used plastic sheets and some said they were bankrupt and don’t have the funds to repair their slopes. Whatever. If they do not do the necessary, we will blacklist them.

We ask that “people” be put ahead of “profits”.

We are heartened that finally, after eight months of battling the housing industry, the federal government has come to our side to give Selangor, both the moral and policy support it needs, with both the prime minister and deputy prime minister calling for all hillslope development permits to be cancelled.

We can only hope the federal government doesn’t forget Dec 6, 2008 - like what had happened to Highland Towers (1993); Taman Hillview (2002) and Kg Pasir (2006) - which was less than a kilometre from Saturday’s landslide. Lest the lives lost would be in vain.

The writer is assemblywoman for Bukit Lanjan and state executive councillor in charge of the environment. Comment: letters@thesundaily.com

We are for freedom of assembly - so we ask that Khir Toyo not be charged...

We believe in freedom of assembly...freedom of expression...

We condemn the police...the FRU...the IGP...the UMNO led-BN government whenever the police cracks down and denies people the right to freedom of assembly and expression..

We condemn the government when persons are arrested, detained and/or charged for 'illegal assembly'...for exercising their freedom of assembly..their freedom of expression/opinion.

But then some of us, fueled by emotions arising by reason of political affliations, etc..., are quick to 'complain' when some assembly of persons are not breaken up by police...or when some persons are not arrested for 'illegal assembly'...and this is sad.

I have also seen 'advocates' for the abolition of detention without trial laws sometimes 'slip' and call that others be arrested under the ISA...

A recent example of this 'slip' was seen in the posting of one blogger (the name, I will not mention as this is not at all important...). He shouts for equality ...and non-discrimination - i.e. police should suppress the freedom of assembly...the freedom of expression of ALL - not just some.

We have to be very clear in about our position...

* We are for the right to freely assemble and protest, voice out our opinions, etc... peacefully.

* We are against the very notion that we have to apply and get police approval for protests, peaceful assembly, acts of exercising our freedom of expression. As such, we will not go against this position by submitting any application to the police for permission. (The most that we may do is maybe inform the police - not ask for permission, consent, blessing...)

When UMNO Youth also demonstrated in an unruly manner outside Karpal Singh's legal office in Kuala Lumpur 2 days ago, and Karpal related that he had spoken personally to an officer in uniform, whom he identified as “Mr Chan”, and was told that the organisers had not got a permit for their protest but that he was “under instructions” not to break up the rally.

Finally, when Khir Toyo led an UMNO Youth march in Penang heading towards Karpal's personal home, the police arrested him. (That must have been such a slap in the face for Khir Toyo, the other UMNO Youth chief hopeful)

Thank you to the police for acting impartially in Penang. The next step is for the Attorney-General's office to prosecute Khir Toyo for "illegal assembly".

I'm all for protecting our constitutional right for freedom of assembly, for holding peaceful demonstrations. But all must be equal before the law, as expressly stated within our Federal Constitution - therefore if the police are to prosecute anybody for peaceful assembly, then all should be prosecuted. If not, then all charges to all accused of 'illegal assembly' must be immediately dropped.

Will Khir Toyo be charged? (Was that a rhetorical question?) And if he is charged, it'll be absolutely hysterical if his defense was the right to peaceful assembly as provided for in our Federal Constitution!

The story of the 2 protests, as reported by Malaysian Insider is as follows..

Penang police detained Datuk Seri Dr Mohamed Khir Toyo, the former Selangor mentri besar, after breaking up an illegal protest by Umno members here today.

Protesters had planned to march to DAP politician Karpal Singh's house but dispersed after police threatened to arrest them.

Mohamed Khir and a local Umno youth leader were picked up by police after leaving the scene of the protests.

They were taken to the state police headquarters for questioning and released later.

It is not clear if they will face any criminal charges.

Mohamed Khir had planned to lead the march to Karpal's house.

Karpal has become a focal point of Umno protests ever since he threatened to take the Perak ruler Sultan Azlan Shah to court over his role in the current political impasse in Perak.

Sultan Azlan Shah had denied consent for Datuk Seri Nizar Jamaluddin's Pakatan Rakyat (PR) administration in Perak to dissolve the state assembly after three seats were declared vacant by the state Speaker.

Instead, Sultan Azlan Shah invited Barisan Nasional (BN) to form a new state government, in a controversial move which PR leaders say is unconstitutional.

Since then Umno youth groups have been organising a number of small protests around the country in an attempt to whip up support from conservative Malays against PR leaders, especially Karpal.

Last week, Khairy Jamaluddin, who is contesting the Umno Youth chief's post in next month's party elections led a 1,000-strong rally in Ipoh against PR.

Mohamed Khir, who is also contesting the same post, tried to emulate his rival today but unlike in Ipoh, police put a stop to it.- Malaysian Insider, 13/2/2009, Cops stop pro-monarchy protest against Karpal, Khir Toyo detained briefly

We condemn the actions of the police for denying (or curtailing) persons the right to freedom of expression..and freedom of expression/opinion.

We condemn the arrest of 'Mohamed Khir and a local Umno youth leader', and we urge that they not be charged in court.

In fact, we urge that all persons who exercised their right to freedom of assembly, freedom of expression, freedom of opinion not be arrested, detained and/or charged. For those currently awaiting trial, etc - we call for their immediate acquittal or for the charge to be dropped.

It's a TUESDAY - the date EC fixed for both by-elections..

Why did the SPR fix the By-Elections on a Tuesday, 7th April 2008? Do they not want voters in the constituency who work out-station to return to vote in this polls?

Now workers will have to take leave to go back home to vote...or even to go off to vote, and during a financial crisis, many just do not want to get into the bad books of their employer - they would not want to risk being retrenched...or terminated.

There will be school holidays on 14th March - 22nd March 2009, and would it not have been better to fix one of the Saturdays during the school holidays for the by-elections?

There is really no logic for fixing the elections on a working day ...and on Tuesday. And being a by-elections, there will be a lot of 'busy-bodies' also there - in short, it will be difficult to get bus/train tickets to and fro. A Monday would have been better...Now, many will have to take 2 (or maybe 3) days annual leave just to get back to cast their votes.

Why could the EC just extend the campaign period - and fix the coming Saturday as the election date. The nomination date is interestingly a Sunday - it could have been any day - but the important date when constituents cast their vote should have been a Saturday/Sunday for Perak and the week-end for Kedah.

The Election Commission today announced that the by-elections for the Bukit Gantang parliamentary seat in Perak and the Bukit Selambau state seat in Kedah will be held simultaneously on April 7.

The commission has fixed March 29 for nominations and campaigning would last 9 days.

Nominations come a day after the Umno general assembly which will be held from March 24 to 28. - Malaysiakini, 13/2/2009, Simultaneous by-elections on April 7

Interestingly, the nomination day is just after the end of the UMNO general assembly. By that time, Mohd Najib Razak will be the new UMNO President...(nothing more...for the Prime Ministership cannot be transferred like a baton in a relay...)

It is alright for the Election Commission to take that fact into account - and in fact, it is good that it is done for all other political parties..

BUT then...

Similarly, PKR chief strategist Saifuddin Nasution criticised the EC for factoring in the Umno polls when the commission had called for by-elections which clashed with PAS' annual assemblies last year (Permatang Pauh) and in 2004 (Kuala Berang).

"It is just too good to be mere coincidence for the EC to fix a date after Umno elections," said Saifuddin, adding that Umno would be in disarray in the run up to the polls because of the heated contest.- Malaysiakini, 13/2/2009, Pakatan cries foul over polls date

Has Malaysia fulfilled all its human rights obligations? Nope - more needs to be done

Malaysia's turn to be reviewed with regards to its Human Rights status came up recently, and below are some of the highlights about what Malaysia said - and what were the recommendations for Malaysia...

It includes:-

- continue judicial reforms, including by strengthening the independence of the Judiciary;

- abolish the death penalty and establish a moratorium on the use of the death penalty;

- publish official figures concerning executions and death sentences;

- outlaw the practice of torture; ratify the Convention against Torture;

- review the Police Act to enhance the citizen’s ability to exercise the right to peacefully assembly; and

- adopt a law on the media to guarantee freedom of expression and the press.

- To ensure sufficient housing for all citizens in particular in the lower income group;

- to abrogate or amend legislation that restricted fundamental freedoms in the name of national security or the economic life of the State;

- to end impunity for members of the Malaysian Volunteer Corps [here we are talking about our infamous RELA] for acts of violence, corruption and the abuse of power against immigrants;

- to continue efforts to protect the rights of migrant workers

- to ensure migrant workers were allowed access to legal remedies.

- establish an impartial and independent police complaints commission in accordance with the recommendations of the Royal Commission on police reform;

- repeal or amend the Internal Security Act and the Emergency Public Order and Preventive Ordinance in accordance with international obligations;

- to outlaw corporal punishment

Human Rights Council’s Universal Periodic Review Working Group reviewed the fulfillment of human rights obligations by Malaysia , during which 60 Council members and observers raised a number of issues pertaining to the human rights situation in the country.

· Presenting the national report of Malaysia was TAN SRI RASTAM MOHAMAD ISA, Secretary-General in the Ministry of Foreign Affairs of Malaysia, who noted that the respect for human rights in Malaysia has been established taking into account the country’s character as a melting pot of various cultures, religions and ethnicities.

History has shown that in Malaysia, the people have always held values of tolerance, harmony and mutual respect in the highest regard. However, the onset of colonialism brought with it the unfortunate practice of associating ethnicity with particular economic activities.

Today, Malaysia was a robust democracy and was steadily charting a course towards achieving developed status. Malaysia’s efforts to secure the promotion and protection of human rights and fundamental freedoms for its people have been very much focused on achieving inter-racial harmony within the society, coupled with equitable socio-economic development while taking into account the human rights and fundamental freedoms of the individual.

The basis for the promotion and protection of human rights in Malaysia was enshrined in the Federal Constitution which remained the primary source of law in Malaysia. Malaysia believed in the importance of poverty eradication as a major effort for promoting and protecting human rights.

For the past 35 years, Malaysia's poverty rates have declined dramatically. Since the early 1970s, Malaysia has reduced poverty among nearly half of the population (49.6 per cent) through the implementation of various specific poverty eradication programmes.

To improve the quality of life and well being of the Malaysian population, the Government placed great emphasis in providing adequate, affordable and quality housing for the people.

Responding to questions submitted ahead of the review, the head of delegation noted that in an effort to further improve its human rights obligations, Malaysia set up an Inter-Agency Coordinating Committee chaired by the Ministry of Foreign Affairs. The Committee has been active in deliberating on issues relating to human rights treaties and other international instruments, including the Rome Statute. The Coordinating Committee was established in the year 2000 and has the mandate to study and recommend Malaysia's accession to human rights treaties and compliance with treaties which Malaysia are a party to. On the issues of Special Procedures, Malaysia will remain open to the possibility of further discussions with the various Special Procedures on the proposed visits and was willing to consider such requests positively on the merit of each proposal.

As to refugees and asylum seekers, Malaysia was not a party to the 1951 Convention Relating to the Status of Refugees and its 1967 Protocol Relating to the Status of Refugees. Notwithstanding this, Malaysia has complied with its international obligations to persons who have entered Malaysia claiming to be refugees and asylum seekers through special arrangements on humanitarian grounds. Malaysia adopted close cooperation and constructive engagement with UNHCR and has taken a flexible attitude, specifically by not prosecuting UNHCR card holders in court for their illegal stay.

On the issue of foreign workers, Malaysian laws provided adequate and reasonable legal protection to all foreign workers. Malaysia dealt with the flow of foreign workers on a bilateral basis with sending countries by executing legally binding instruments to regulate the entry and exit of foreign workers to Malaysia.

The Government gave very serious attention to the issue of foreign workers which was evidenced by the establishment of the Cabinet Committee on Foreign Workers and Immigrants chaired by the Deputy Prime Minister.

On the Human Rights Commission of Malaysia (SUHAKAM), the Commission was entrusted with the power to inquire into complaints relating to the infringement of human rights and was also mandated to promote awareness of human rights through education. Several measures were being taken by the Government to ensure that SUHAKAM retained its status as a credible and respected national human rights institution.

On the issue of the independence of the Judiciary, the speaker noted that the Judicial Appointments Commission (JAC), which was established on the principles of transparency and accountability, was entrusted with the core responsibility of identifying and recommending suitable candidates for judicial appointment and promotion based on clearly defined criteria.

To deal with cases of corruption, it was noted, in response to another question, that the Malaysia Anti-Corruption Commission (MACC) was established to enhance the effectiveness and efficiency of anti-corruption efforts as well as to increase public confidence in the independence and transparency of the Commission.

Positive achievements.

These included :-

- the active role played by Malaysia in ASEAN in the field of human rights;

- gains made in eradicating poverty over the years; increased economic prosperity and economic stability;

- advancements made in the field of education and the creation of the Education Development Master Plan;

- progress made in the heath sector;

- establishment of the Inter-Agency Coordinating Committee and the Human Rights Commission (SUHAKAM);

- measures to combat violence against women and protect victims;

- efforts in working towards gender equality and advancing the status of women;

- efforts to fight corruption and the establishment of the Malaysia Anti-Corruption Commission;

- strides made in the area of maternal health; and

- enacted legislation on human trafficking.

· Issues and questions raised by the Working Group, comprised of the 47 members of the Council, and Observers participating in the interactive discussion related to, among other things,

- efforts to bring down poverty levels;

- the progress achieved in the Education Development Master Plan;

- measures undertaken to face the spread of HIV/AIDS and level of international assistance in that regard;

- steps to uphold the rights of migrant workers, especially in view of the economic crisis;

- actions planned or taken to ensure that SUHAKAM complied with the Paris Principles; measurers taken to guarantee that SUHAKAM’s recommendations be taken in to account;

- plans for ratifying the International Covenant on Civil and Political Rights, the International Covenant on Economic, Social and Cultural Rights, the 1951 Convention on the status of Refugees and the Convention of the Rights of Migrant Workers and All Members of Their Families; efforts to protect the rights of minorities;

- the status of ratification of the Convention on the rights of persons with disabilities; and the steps taken to grant legal status to asylum seekers and refugees.

- the efforts to combat corruption and the activities of the Anti-Corruption Academy;

- the activities of the People’s Volunteer Corps[RELA];

- plans to abolish the provisions for detention without court proceedings for incommunicado detention;

- steps taken to safeguard and maintain traditional culture and values;

- whether a timetable had been set to withdraw reservations to the Convention on the Rights of the Child and the Convention on the Elimination of Discrimination Against Women;

- the follow up taken to the recommendations to the Committee on the Rights of the Child on refugees and asylum seeking children; and

- measures taken to implement the provisions of the Convention on the Rights of the Child.

Specific recommendations for Malaysia

- To continue to spearhead progress towards gender equality and development for women;

- to step up efforts to enhance women’s participation at the decision-making level;

- to strengthen efforts to combat all acts of violence against women trafficking in women;

- to provide victims of domestic violence with access to legal remedies and bring perpetrators to justice;

- to develop and adopt national legislation and practices granting formerly trafficked and exploited women and children;

- to explore further ways and means aimed at improving and enhancing the welfare and protection of victims of child abuse;

-to withdraw reservations made to the Convention on the Rights of the Child;

- to continue to cater to children with special needs;

- to pay special attention to the problems of children living and working in the streets;

- to outlaw corporal punishment; and

- to ratify the Convention on the Elimination of Discrimination Against Women and its Optional Protocol.

- To continue to focus efforts on ensuring full protection of human rights for all vulnerable groups;

- to continue actions to further promoting the rights of disabled people;

- to ratify the Convention on the rights of persons with disabilities;

- to ratify ILO Convention 169 on Indigenous Peoples and Tribes;

- to continue cooperation with civil society in capacity building in improving its peoples’ lives;

- to ensure that the SUHAKAM was in compliance with the Paris Principles;

- to ensure that an effective follow-up system for the recommendations of SUHAKAM was developed;

- to strengthen the independence of the SUHAKAM;

- to issue a standing invitation to the United Nations Special Procedures;

- to allow more open discussion on freedom of religion;

- to consider undertaking a comprehensive study on the implications of the legal system of civil law and Shari’ah law;

- to undertake more effective measures to further improve the implementation of Shari’ah law in the country; and

- to take the necessary steps to ensure freedom of religion.

- continue judicial reforms, including by strengthening the independence of the Judiciary;

- abolish the death penalty and establish a moratorium on the use of the death penalty;

- publish official figures concerning executions and death sentences;

- outlaw the practice of torture; ratify the Convention against Torture;

- provide and improve training programmes on human rights for the judiciary, law enforcement personnel and lawyers;

- establish an impartial and independent police complaints commission in accordance with the recommendations of the Royal Commission on police reform;

- repeal or amend the Internal Security Act and the Emergency Public Order and Preventive Ordinance in accordance with international obligations;

- accede to the Rome Statute on the International Criminal Court;

- review the Police Act to enhance the citizen’s ability to exercise the right to peacefully assembly; and

- adopt a law on the media to guarantee freedom of expression and the press.

- To ensure sufficient housing for all citizens in particular in the lower income group;

- to strengthen the monitoring mechanisms at the federal and district level to ensure that the programmes on poverty eradication reached the intended target group;

- to abrogate or amend legislation that restricted fundamental freedoms in the name of national security or the economic life of the State;

- to share best practices on poverty reduction strategies; to encourage the participation of public and private sectors and NGOs in the efforts towards poverty eradication;

= to share with developing countries best practices in the field of education; and

- to share with the international community good practices with regard to health.

- To enact legislation providing for the status determination and protection of asylum seekers, refugees and Stateless persons and revise immigration laws and procedures to distinguishing such persons from those termed irregular migrants;

- to end impunity for members of the Malaysian Volunteer Corps for acts of violence, corruption and the abuse of power against immigrants;

- to continue efforts to protect the rights of migrant workers;

- to develop with UNHCR an administrative framework to distinguish refugees and asylum seekers from irregular migrants and apply international standards for the treatment of foreign nationals;

- to provide adequate infrastructure to provide housing, registration of asylum seekers and refugees;

- to take further steps towards protecting human rights of migrant workers, refugees and their dependants including through the signature and ratification of the 1951 Convention relating to the status of Refugees;

- to accede to the Convention of the Rights of Migrant Workers and All Members of Their Families; and

- to ensure migrant workers were allowed access to legal remedies.

· Members States taking the floor during the interactive discussion were China, Cuba, the Netherlands, the Philippines, Pakistan, Jordan, Egypt, Saudi Arabia, Bahrain, Bangladesh, Indonesia, the United Kingdom, the Republic of Korea, Qatar, Ukraine, Chile, Senegal, Canada, Djibouti, South Africa, France, Mexico, India, Germany and Italy.

· Observer States participating in the discussion were Brunei Darussalam, Algeria, Israel, Nepal, Sudan, Bhutan, Lao People’s Democratic Republic, Vietnam, Cambodia, Thailand, Myanmar, Morocco, Singapore, Australia, Uzbekistan, the United Arab Emirates, Venezuela, Oman, Libya, Yemen, Turkey, Iran, Belgium, Sri Lanka, Finland, Kuwait, Chad, Tunisia, Belarus, the Holy See, Zimbabwe, Kazakhstan, Lebanon, Palestine and Lithuania.

· The 31-person delegation of Malaysia consisted of representatives of the Ministry of Foreign Affairs, the Office of the Attorney General, the Ministry of Women, Family and Community Development, the Ministry of Home Affairs, the Ministry of Unity, Culture, Arts and Heritage, the Ministry of Housing and Local Government, the Ministry of Rural and Regional Development, the National Security Council, the Ministry of Women, Family and Community Development, the Ministry of Defense, the Royal Malaysian Police, the Prime Minister’s Office, the Ministry of Education, the Sarawak State Government and the Permanent Mission of Malaysia to the United Nations Office at Geneva.

· The three Council members serving as rapporteurs – troika - for the review of Malaysia are Nicaragua, Qatar and Egypt.

· In accordance with its institution-building package, the three documents on which State reviews should be based are information prepared by the State concerned, which could be presented either orally or in writing; information contained in the reports of treaty bodies and Special Procedures, to be compiled in a report by the Office of the High Commissioner for Human Rights (OHCHR); and information provided by other relevant stakeholders to the UPR including non-governmental organizations, national human rights institutions, human rights defenders, academic institutions and research institutes, regional organizations, as well as civil society representatives, also to be summarized by OHCHR in a separate document. The reports on Malaysia can be found here.

Source: United Nations Human Rights Website

HR Minister must be concerned more for the poor worker...

Human Resource Minister...,

The concern must be for the worker - in this case the foreign worker...not the employer.

It is unconscionable for employers who entered into 2 or 3 years employment contracts to now terminate/retrench these workers after a few months or before the lapse of the full contract period. Unlike the local worker, foreign workers expend a significant sum of money with recruiting agents/other agents, etc before the come over to Malaysia for employment for a stipulated fixed term. Lands are mortgaged...debts are incurred in this process, and families of these workers suffer...they hope to suffer for a short period relying very much on the money the worker will be able to bring back after working in Malaysia. This will be the money that will be used to pay off their debts...to take back their pawned jewelry and property...and as such if the worker is prematurely retrenched/terminated and is forced to return back earlier to their home country, this worker and his family/dependents would be in a worse off situation that before the worker came to Malaysia.

It is sad that most migrant workers are already cheated by their employers/agents who promised the sun and the moon when they were recruiting and entering into employment agreements...but only gave them peanuts when the worker came over to work.

The employers/agents also cheat these workers by making 'unlawful deductions' mainly to try and recover all monies spent by the employers in recruiting and employing these workers. Sadly, there is lack of political will and government enforcement to prevent exploitation of foreign workers by local employers.

When you employ a foreign worker, it is the employer who has to bear all cost of bringing him over, sending him back, providing accommodation, medical examination...treatment, levy for employing the workers, recruiting agents fees, etc... It is very wrong to recover all these expenses by means of deducting wages from the worker.

The only deductions that one can make from wages are those that are permitted by law - eg. SOCSO, EPF. Union fees, etc could be deducted only if there is a written request by the employee.

The law states that the worker must every month receive at least half his wages. Not more that half the wages can be deducted as lawful deductions. But we hear that some migrants do not receive wages for months and months...

With regard to migrant workers, I believe that employers that have entered into agreements to provide work for a fixed period should not be permitted to breach these agreements. If the want to retrench now, then basic wages for the whole period should be provided to the foreign worker.

The foreign worker or migrant worker is very different from the local worker. Those who choosed to employ migrant workers must pay the price - and not get off scott free without fulfiling their contractual obligations.

One may say that these foreign/migrant workers can sue their employers in the civil court for damages - but really, this is very very difficult.

WHY?
**Their work permits generally is with regard to 1 employer (and Immigration, who can, are very slow to agree to vary the terms of their permit which will allow them to work for another employer..while they pursue justice in the Malaysian courts)

**When they are no more working - the work permit (work visas) expire and they have to leave. To stay, even for a while Special Passes are RM100 per month, and generally have to be renewed monthly. Without a work permit, they cannot work...and thus will not be earning wages.

**Being overseas, and pursuing a legal claim here is rather difficult and can be expensive..., and what really are we talking about. Say their agreed wages are RM500, then 2 years wages also would be RM12,000 - which we will minus cost of living/food, and that may mean that the claim would be even lesser, maybe RM8,000-00. Of course, you can claim for the other expenses...and cost. But let us not forget that the worker needs to pay for the lawyer and also the various court fees, etc

Thus, I believe that the Malaysian Government will do justice to retrenched migrant workers by stipulating that employers pay them basic wages (or a reasonable percentage of basic wages, after taking into account personal expenses like food, etc) for the remaining of the contract period. Note, we are talking about contract period - which is not the same as the remaining time in the work visa, as government only issues 1-year work visas at a time.

Some will say that this is an unusual situation - economic crisis and all - and employers have no choice. This is a lame justification - as we all know that we di suffer economic crisis every now and then - once every 5...10 years, and as such employers of migrant labour who enter into fixed term contracts with workers should not be allowed to use this as an excuse to retrench these workers now - and get off without fulfiling their contractual obligations to the detriment of the worker.

Now, the Minister is talking about returning levies paid by employers if migrant workers are retrenched before the term paid for expires.

Hello - most likely, the employer may have already deducted this levy from the worker....'miscelaneous deductions'..

Let us be concerned about justice for the workers..., and in this case, it will be foreign migrant workers.

PEKAN: Employers who lay off foreign workers months after hiring them can now claim the unused levy within a month.

Prior to this, they had to wait several years before they could get back the levy.

»Employers pay a one-year advance levy for each worker« DR SUBRAMANIAM

Human Resources Minister Datuk Dr S. Subramaniam said it was this problem which caused employers to retain their foreign workers.

He said that when they hired the foreigners, employers had to pay a one-year advance levy for each worker.

“When they are retrenched later, the remaining sum of the levy is kept by the Government.

“Due to this, they prefer to retain foreign workers for the rest of the year,” Dr Subramaniam told reporters yesterday after presenting grants to successful disabled entrepreneurs here and a certificate of appreciation to German-based company Vacuumschmelze (M) Sdn Bhd, which employed 19 disabled persons at its plant.

He said the decision was made at Wednesday’s Cabinet meeting to help reduce employers’ burden during the current economic slowdown.

“An employer will have to fork out RM140 for each worker and if there is at least half of the amount left, it will be a big sum,’’ he added.

Dr Subramaniam said if employers had to lay off workers, foreigners would be the first to go as the Government’s policy on this was clear.

He said that alternatively, companies could send their workers for retraining courses under the Human Resource Development Fund (HRDF) instead of retrenching them.

On hiring disabled persons, Dr Subramaniam said other companies should emulate Vacuum-schmelze. - Star, 13/2/2009,Fast claim for unused levy

Where is the new residence of Perak MB? Why file in KL, not Ipoh?

For us who believe that Mohd Nizar Jamaluddin is still the Menteri Besar of Perak - we must refer to him as such...not as "the ousted Menteri Besar" or former Menteri Besar.

To differentiate from the other 'illegal Menteri Besar', we could refer to him as the true PR Menteri Besar...

It is also important that Mohd Nizar Jamaluddin also believes as behaves as the true Perak MB?

It may be a misreporting - but a Menteri Besar will not follow 'decisions' of State Secretary. He would consider the request ...and make a decision himself of whether he would want to move out or not from the official residence of the Perak MB.

Who is Dr Zambry Abd Kadir to the Perak MB? He is, of course, the illegal Menteri Besar or the pseudo Menteri Besar - never the new Menteri Besar. Why? To refer to Zambry as the new Menteri Besar would be in fact an acknowledgment that he is the Menteri Besar now.

The position that must be taken is that Dr Zambry Abd Kadir is that he is not the Menteri Besar of Perak - and there is also no new Executive Council members...In fact, all the decisions and actions of Zambry and gang will be invalid. Zambry & his "exco" would be void ab inition (void from the very beginning...)

Zambry Abd Kadir may be personally liable for losses incurred by reason of the decisions/actions he now tries to take as 'MB' - because he has full notice that his appointment is 'extra-constitutional', invalid, illegal, ...Contracts/Agreements/etc he enters into may not be binding at all..

Ousted Perak Menteri Besar Mohd Nizar Jamaluddin today announced that he would be vacating the menteri besar's official residence in 10 days.

MCPX

At a press conference in Ipoh, the Pakatan Rakyat leader said he received a letter from state secretary Abdul Rahman Hashim asking him to vacate the premises and he would respect the decision.

Mohd Nizar also announced that he would be filing a suit against the appointment of new Perak Menteri Besar Dr Zambry Abd Kadir tomorrow at the Kuala Lumpur High Court at 11am.

"I urge people to gather peacefully to show support. Please act with restraint and respect the law," he said. - Malaysiakini, 12/2/2009, Nizar to vacate official residence, file suit tomorrow

I wonder also why he is going to file the suit in the Kuala Lumpur High Court - should he not be filing it in the Ipoh High Court? I do not really have much confidence in the independence of the Malaysian Judiciary especially under the leadership of Zaki Azmi - and if you file in the wrong court, the matter could be struck off on a technicality...or procedural non-compliance. Hope the MB of Perak is getting correct legal advice...

In any event, when it goes to court - I hope that this matter is expedited and decided very quickly.

The mess has been created by Mohd Najib Razak and the Barisan Nasional, assisted also by the 'ill-advised' erroneous actions of HRH the Sultan of Perak...

If the Sultan of Perak decided not to dissolve the State Legislative Assembly - then they should have just waited for the sitting of the Legislative Assembly for the tabling of a no confidence motion - and if at that stage, it will be made clear as to whether the present Perak MB, Mohd Nizar Jamaluddin, enjoys the confidence of the majority or not...If it is shown that he does not, then he will have to resign ...and we can start the process of getting a new Menteri Besar. (I believe some of those BN and Independents may on that day when the vote is taken be in support of the he present Perak MB, Mohd Nizar Jamaluddin...and that is that.)

An emergency session could have been called and held so easily - but alas Najib's impatience to conqure Perak now has landed Perak and its people into a mess. What did he think? Did he believe that he could have forced Mohd Nizar Jamaluddin to tender his resignation....

Nizar is being loyal to the rule of law

On the contrary, Nizar will go down in history as a defender of parliamentary democracy and constitutional monarchy in the 481-year-old Sultanate of Perak, politically one of the most developed states since the 1950s. He is being loyal to the political system, to the rule of law.

The subjects of Perak and citizens of Malaysia who choose to stand by the loyal menteri besar are similarly upholding rule of law and the political system - Nut Graph, 6/2/2009, Perak must not fail

Abolish RELA - RELA only brings shame to Malaysia

Make them full-time salaried public servants...

Pay them a decent monthly wages and other benefits of being a government employee - including pension entitlement, etc

Then, there will be no protest about this RELA - which is merely a volunteer corp - which has been given powers that even the police and other public servants do not have, and also protection from the law that even the police and other public servants may not have. And this is what makes it so wrong.

See my earlier postings on RELA, and there are a lot of them -RELA man outraged woman's modesty - Abolish RELA now,

Disband Rela (People's Volunteer Corps) in the interest of justice and human rights, RELA’S “CATCH A MIGRANT AND GET PAID FOR IT” POLICY MUST END

But still, our cheap-skate Malaysian BN government is not going to expend money and hire more police personnel and immigration enforcement officers...they prefer to keep using the RELA as all they need to do is pay peanuts. The government can also be able to 'dump them' when they do not need them anymore. And with the number of RELA members being about 500,000 today - it is politically advantageous as long as the BN personalities stay influential in this movement.

Home Minister Datuk Seri Hamid Albar has dismissed any move to disband Rela.

Although he did not deny some of the allegations of abuse by Rela officers, he said the bad apples did not reflect the 500,000-strong movement serving as a support unit for the various enforcement agencies, including the Immi-gration Department.

“I do not deny some of the allegations (of abuse) although it is done by one or two personnel only.

“But this does not reflect the whole organisation,” he said in his speech at the 37th Hari Rela celebrations here launched by Chief Minister Datuk Musa Aman.

However, Syed Hamid cautioned Rela members to maintain their professionalism when taking action.

This was to avoid non-governmental organisations from repeatedly calling on the Government to disband the organisation, claiming that the movement members were untrained, fierce and unprofessional when discharging their duties.

He warned that action would be taken against any Rela officer or personnel who failed to follow procedures or acted against the law.

Syed Hamid said Rela members should be firm but polite when acting against illegal immigrants.

He pointed out that such cases were mainly immigration offences and that they were not dealing with criminals like murderers or robbers.

“I believe the illegals detained would give their cooperation and there was no need to speak rudely, get angry or even slap them,” he said - Star, 9/2/2009, Rela won’t be disbanded

1,300 migrants died in custody over the past 6 years...

ABOUT 1,300 illegal foreigners have died during detention in the past six years, Malaysia Nanban quoted Malaysian Human Rights (Suhakam) commissioner Datuk N. Siva Subramaniam as saying.

He said many of them died in immigration detention centres, prisons and police lockups because they were denied medical treatment at the right time. - Source: see earlier posting, About 1,300 migrants in detention died because 'denied medical treatment at the right time..."

And guess what - the Malaysian government has just asked RELA to be in charge of these Detention Centres - and do we expect these volunteers to improve the conditions of detention centres - or cause more detainees to die...

The shame that the continued existence of RELA brings to Malaysia is something Malaysians are fed up with...

Human rights groups have accused Malaysia of mistreating millions of foreign workers who live there, as well as asylum-seekers, including thousands from nearby Myanmar, which is under military rule.

Human Rights Watch had singled out a government-backed volunteer force in Malaysia known as RELA for allegedly beating, threatening and extorting money from migrants and asylum-seekers. - AFP, 12/2/2009, Malaysia under fire at UN over refugees

There are so many other volunteer corps - there are police volunteers, military volunteers, rukun tetangga (neighbourhood watch), civil defence volunteers - we really do not need this RELA - a creation during the Emergency era in Malaysia.

RELA - British Newspapers

But following an incident late last year, American Wayne Wright is far from convinced by the promise of Malaysian hospitality and the claim of its tourism slogan that it is truly Asia.

"I was walking in Chinatown," he told the BBC, "when a gentleman in very scruffy type clothes, nothing that you would associate with police or anyone in authority, walked up to me and asked me, "Can I see your passport?"."

Fearing a scam, Mr Wright refused and tried to move away.

"At that point he essentially lunged at me, grabbed me, put handcuffs on me really tightly and called for a few other people out in the crowd," he explained.

Mr Wright, a serving US Navy lawyer, says he protested that he was a US citizen and told the men who had grabbed him that his passport was in his hotel room, a matter of a few hundred meters away.

He was taken, shackled, through Chinatown and put into a caged truck used by the Malaysian immigration department.

'Worst experience'

There he met a second American, who had also been grabbed by men who refused to show any identification, Yahweh Passim Nam.

It became abundantly clear to Mr Wright and Mr Nam they had more in common than their nationality. Both they and every one of the 30 or so other people arrested in the same raid were black.

This was probably the worst experience I have had in my life Wayne Wright

"At this time I'm knowing this is racial profiling, beyond a shadow of a doubt," said Mr Nam, an ex-US Navy serviceman and now a multi media engineer living in Vancouver, Canada.

"This is definitely some screwed up mission by some... militant group, trying to get Africans to take us somewhere," he said, adding that he feared for his life.

They were taken to an immigration detention centre where for almost 24 hours they say they were fed only bread and water, not allowed to go to the toilet and refused permission to contact the US embassy.

"I was treated inhumanely," said Mr Nam. "I felt like a dog, I felt like something worse than a dog."

Mr Wright agrees. "Honestly this was probably the worst experience I have had in my life," he said.

Both say that, when they were finally freed, immigration officers treated the matter as a joke, something that incensed them.

Morality patrol

Malaysia's Head of Immigration Enforcement Ishak Mohamad was approached by the BBC for comment, but was unavailable.

Nor would the prime minister's department comment, although a senior official privately cast doubt on the accounts of the two men.

Both Mr Nam (pictured) and Mr Wright had legitimate tourist visas

However not only do they appear to bear one another out, but they are also backed up by the US embassy, which confirmed it provided consular assistance to have them released from custody. No charges were filed against the men.

The incident does not appear to be isolated.

Several Africans approached on the streets of Kuala Lumpur by the BBC over the issue reported facing discrimination in Malaysia, whether it be people refusing to sit next to them on public transport, taxis refusing to stop for them through to harassment by police and immigration officers. - BBC, 3/1/2007 - Incidents may mar Malaysia's tourism bid

In the US papers - the New York Times

A Growing Source of Fear for Migrants in Malaysia

Greg Constantine for the International Herald Tribune

About 20 ethnic Kachin from Myanmar, many of them illegal, share this apartment in Kuala Lumpur.

By SETH MYDANS

Published: December 10, 2007

KUALA LUMPUR, Malaysia — When his turn comes to stand watch, Kang Long posts himself at a window, peering into the dark streets outside the tiny apartment where his fellow migrant workers sleep 10 to a room.

Slide Show: Malaysian Force Terrorizes Migrants

Greg Constantine for The International Herald Tribune

Kang Long, a refugee in Malaysia, says he lives in fear of immigration raids.

“We always fear, especially at night,” he said. “Maybe there will be a raid. Where will we run? I worry for my wife and children. I’ve been thinking of moving to the jungle.”

Mr. Kang Long, 43, is an ethnic Chin refugee from Myanmar, one of as many as three million foreign workers whose labor on farms, factories and construction sites and in service industries supports the economy of this bustling Southeast Asian nation. About half are estimated to be here illegally.

Like foreign workers elsewhere, they are resented by many local people and demonized by politicians. Here in Malaysia they have become the targets of an expanding campaign of harassment, arrest, whippings, imprisonment and deportation.

In 2005, the government transformed a volunteer self-defense corps, created in the 1960s to guard against Communists, into a strike force deputized to hunt down illegal immigrants.

This force, called Rela, now numbers nearly half a million mostly untrained volunteers — more than the total number of Malaysia’s military and police in this nation of 27 million. Its leaders are armed and have the right to enter a home or search a person on the street without a warrant. By an official count, its uniformed volunteers carry out 30 to 40 raids a night.

As it takes over more police and prison duties, Rela is drawing the condemnation of local and foreign human rights groups. They accuse the volunteers, some as young as 16, of violence, extortion, theft and illegal detention.

“They break into migrant lodgings in the middle of the night without warrants, brutalize inhabitants, extort money and confiscate cellphones, clothing, jewelry and household goods, before handcuffing migrants and transporting them to detention camps for illegal immigrants,” Human Rights Watch said in a report in May.

They often fail to honor legitimate documentation and sometimes destroy documents in order to justify their actions, the group said.

In an interview, Rela’s director-general, Zaidon Asmuni, dismissed the concerns of human rights groups, saying the nation’s security was at stake, and demanded an aggressive defense. “We have no more Communists at the moment, but we are now facing illegal immigrants,” he said. “As you know, in Malaysia illegal immigrants are enemy No. 2.” Enemy No. 1, he says, is drugs.

Illegal immigrants, if caught, are brought before a judge for a trial. If convicted, they face up to five years in jail and a whipping, then deportation.

Some of the migrants, like Mr. Kang Long from Myanmar, are refugees registered with the United Nations, but Malaysia has not signed the United Nations refugee convention. So those migrants are also caught up in the sweeps.

According to the accounts of a dozen migrants, things can get even worse once they are deported. After serving time in a detention center, they say, many are taken to a no man’s land near the border with Thailand where human traffickers await their arrival.

If they can pay about $450, the migrants say, the traffickers will smuggle them back to Kuala Lumpur. If they cannot pay, they may be sold as laborers to fishing boats or forced into the sex trade.

Irene Fernández, a Malaysian who heads a local migrants’ rights group called Tenaganita, said victims sometimes called from the border begging for money to pay the traffickers. “It’s a conflict for us because we cannot support any form of trafficking,” she said. “At the same time, protection of life is equally important.”

The best she can honorably do, she said, is to notify the immigrant communities in Kuala Lumpur, where people often barely have enough money to feed themselves, and hope they can find the means to save their friends.

Terrorized by Rela, many of the migrants have left their apartments in the city and built shacks of leaves and branches in the surrounding jungle. But Rela pursues them there as well, the migrants say.

“Some jungle sites are periodically cleared by local authorities, the inhabitants are displaced, valuables taken away, and at times shelters are burned to the ground,” the medical aid group Doctors Without Borders said in a recent report.

Despite the criticisms, Rela — an acronym for the Malay words for People’s Volunteer Corps — has been expanding in numbers and in law enforcement powers. As of November, it had screened 156,070 people this year and had detained 30,332 for not having travel documents, according to the home affairs minister, Radzi Sheikh Ahmad.

In the interview, Mr. Zaidon, the Rela director general, said his organization was expanding so fast that it was impossible to train most of the volunteers or to carry out background checks before deputizing them to make arrests.

“We cannot train half a million just like that,” he said. “It’s an ongoing process. It will take time, 5 or 10 years.”

If Rela members were overly scrupulous about human rights, he said, they could not do their job. “To stop a person by the roadside, that is also against human rights,” he said. “But if you talk about human rights, you cannot talk about security.”

The volunteers cast a wide net as they stop and search people who look like Asian foreigners. Most migrant workers come from Indonesia, while others come from Bangladesh, India, Nepal and Vietnam as well as from Myanmar, formerly Burma.

In October, the Indonesian government protested when Rela detained an Indonesian student and the wife of an Indonesian diplomat. In both cases, Indonesia said, the victims produced documents that the volunteers ignored.

Most of Rela’s targets, though, are people like Ndawng Lu, 59, an ethnic Kachin refugee from Myanmar who shares an apartment with 20 other people.

Her neighbors fled and she remained alone when Rela made a daytime raid earlier this year, she said. “They shouted at me, ‘Where’s the money?’” she said. “I got down on my knees and begged them. ‘I don’t have any money.’ But they wanted money. They pulled stuff from under the bed. They looked here, they looked there. They opened all our bags.”

Her documents were in order, she said, and the search party left her with the mess. - New York Times, 10/12/2007 ,A Growing Source of Fear for Migrants in Malaysia

Al-Jazeera ..

Malaysia's war on illegals

Rela has wide-ranging powers to search and arrest suspected illegal workers It is 2am on a Sunday morning, and a unit of Rela, Malaysia's volunteer corps, is preparing for action. Their destination: ramshackle dormitories on a construction site. Their mission: to round up and arrest illegal immigrants. Rela is a volunteer force of ordinary Malaysian citizens. In uniform they are authorised to search, seize and arrest without warrant or explanation. Some are armed. This wide-ranging authority has led to Rela members being accused of abuse of power, harassment and in some cases, corruption. Ambiga Sreenevasan, president of the Malaysian Bar Council, says such allegations cannot be ignored. 'Gangster tactics' In a country with a population of 27 million, she says, Rela has a membership of about 500,000. "That's a frightening prospect because what they're doing is they're going into premises, there are cases where they have broken in, they've used gangster tactics and we are very concerned with the human rights abuses." Rela has around 500,000 volunteers across Malaysia On the mission Al Jazeera followed, Rela commanders were keen to demonstrate that everything was above board. But since Rela's powers were expanded almost two years ago there have been a chorus of complaints and allegations of abuse. Za Uk Ling, a Burmese national working legally in Malaysia, recently fell victim to a Rela squad. "Right before they got me into the van, I resisted and they were about to beat me," he says. "I was lucky enough that one immigration officer was present and she told them not to use violence because there were a lot of people watching." The Malaysian government and Rela bosses are quick to admit that there have been some problems but, they insist, only from a few rogue elements. "Maybe one or two did that, I am not denying that," says Zaidon Bin Haji Asmuni, Rela's director-general. "But that's a very small percentage compared to what Rela has actually done." And the government says what is more important is that Rela is proving effective in countering what they call Malaysia's second most important security challenge - illegal immigration. Crime Human rights groups have condemned alleged abuses by Rela members Most Rela volunteers, too, believe that illegal foreigners are to blame for what they say is a rising national crime rate. They believe these illegal workers are taking jobs away from deserving Malaysians and must be arrested. With a small force of about 1,600 personnel, Malaysia's immigration department says it is dependent on Rela's help. "Since the start of the year, Rela has arrested 15,000 illegal migrants," says Ishak bin Mohamed, Malaysia's immigration enforcement director. "If we only had the immigration police force to rely on, we would not even be able to arrest 10,000 illegal aliens in a year. So Rela has been a major help to the immigration department." On the raid Al Jazeera followed more than 100 men were arrested. Those that fail to produce proper legal documentation face possible whipping and will be deported. 'Racist' The government says Rela is vital to controlling illegal immigration The government pays Rela the equivalent of about $25 for every illegal immigrant it finds. Irene Fernandez of Tenaganita, a migrant workers' rights group, says such incentives only encourage Rela members to "go all out" and arrest as many suspected illegal workers as possible, despite the fact that volunteers have little or no training. "It's a very racist kind of perception that all migrant workers are a threat to Malaysia," she says. With growing allegations of abuse, human rights groups say Rela has become a vigilante force and are calling for the government to review the group's operations. Rather than relying on a volunteer force to round up suspected illegals, they say what is needed is stronger action against employers who knowingly hire them. - Al-Jazeera, 25/5/2007 , Malaysia's war on illegals

UN slams Malaysia for lack of access to education for migrant children,....

Malaysia, embarrassingly, has been taken to task at the UN Human Rights Council for its actions that fails to '...distinguishes asylum seekers from irregular migrants....'.

Some, like the peoples of Burma, have fled to Malaysia seeking safety from persecution by their country of origins but alas Malaysia sometimes treat them not as asylum seekers or refugees - but lump them into one group called 'undocumented migrants' (or illegal migrants)...and this is very wrong.

The UN Human Rights Council also talked about the lack of access to education for children of refugees, asylum seekers ...and migrants.

With regard to children, their legal status must never be a bar that will prevent them education, healthcare and other social services. Remember, Malaysia is bound by the Convention on the Rights of the Child and simple human decency,

States Parties recognize the right of the child to the enjoyment of the highest attainable standard of health and to facilities for the treatment of illness and rehabilitation of health. States Parties shall strive to ensure that no child is deprived of his or her right of access to such health care services.

But alas, Malaysia had a reservation with regards to education - hopefully, no more

Article 28

1. States Parties recognize the right of the child to education, and with a view to achieving this right progressively and on the basis of equal opportunity, they shall, in particular:

(a) Make primary education compulsory and available free to all;

(b) Encourage the development of different forms of secondary education, including general and vocational education, make them available and accessible to every child, and take appropriate measures such as the introduction of free education and offering financial assistance in case of need;

(c) Make higher education accessible to all on the basis of capacity by every appropriate means;

(d) Make educational and vocational information and guidance available and accessible to all children;

(e) Take measures to encourage regular attendance at schools and the reduction of drop-out rates.

Most likely, our local media may not be highlighting what happened at the UN with regard to Malaysia's failures - and as such, I just share an AFP report I came across...

Malaysia was taken to task by some Western countries on Wednesday over its treatment of asylum seekers and refugees, during a United Nations review of its human rights record.

Belgium, Britain and the Netherlands were among the nations that expressed "concerns" surrounding refugees and asylum-seekers held in detention in Malaysia, as they called on Kuala Lumpur to develop legislation that distinguishes asylum seekers from irregular migrants.

"We note serious problems faced by refugees, migrants and asylum seekers in Malaysia... that is linked to a lack of clarity on their status in the country," Belgium's representative told the UN Human Rights Council during a universal periodic review session.

Under universal periodic review, all 192 member states of the United Nations have their human rights record vetted by the council once every four years.

The session is based on three reports, one submitted by the country under review, and two summaries compiled by the UN Office of the High Commissioner of Human Rights.

The high commissioner's report noted the lack of national legislation on refugees as well as absence of laws on the rights of migrant workers.

In addition, it said, "many asylum seeking and refugee children, among them Muslim children from a nearby country, including the Rohingya refugee children who had lived in Malaysia since 1990s, lacked access to formal education."

The secretary general of Malaysia's foreign ministry Rastam Mohd Isa said in his opening remarks that Malaysia prosecutes only refugees who have committed crimes.

Foreign workers are accorded the same rights as local workers, and the rights of illegal immigrants are protected, he added.

Human rights groups have accused Malaysia of mistreating millions of foreign workers who live there, as well as asylum-seekers, including thousands from nearby Myanmar, which is under military rule.

Human Rights Watch had singled out a government-backed volunteer force in Malaysia known as RELA for allegedly beating, threatening and extorting money from migrants and asylum-seekers.

During Wednesday's session, some countries, including Chile and France, encouraged Malaysia to eliminate discrimination due to sexual orientation and to "respect the human rights of all individuals, including homosexuals." - AFP, 12/1/2009 Malaysia under fire at UN over refugees

Be Malaysian - not racist or party-centred when chosing BEST candidates for by-elctions

So, if an Indian MP/ADUN dies (or resigns) - then we will field another Indian for the by-elections. It is so racist...and that is certainly not what Malaysians want.

If there are a big percentage of Indian/Chinese voters, then we will field a non-Malay candidate - but if it is a Malay-Muslim majority seat, we will field a Malay-Muslim candidate...It is so racist...and that is certainly not what Malaysians want.

If it was a PKR MP/ADUN who dies (or resigns) or party-hops... then we let PKR decide on the candidate who will contest in the by-elections or the coming elections...

If it was a PAS MP/ADUN who dies (or resigns) or party-hops... then we let PAS decide on the candidate who will contest in the by-elections or the coming elections

If it was a DAP MP/ADUN who dies (or resigns) or party-hops... then we let DAP decide on the candidate who will contest in the by-elections or the coming elections

The above are the kind of sentiments coming from even the Pakatan Rakyat...and, not only is it racist, but it is also so narrow...

We should be looking for the BEST candidate from the area concerned to contest - and race/ethnicity/religion should never be a consideration for Pakatan Rakyat - and certainly not for PKR and/or DAP (who are claiming to be multi-racial...multi-religious bangsa Malaysia parties...

And mind you, the best candidate may not even be someone from those parties - it could be some person from civil society or someone else...

We need good people...people with character..people who will not be 'bought'..people who will not succumb to threats...people with principles...persons who have good history of working for people, for human rights, for justice...

It matters not how many years one has been in a party - etc...

But sometimes the problem is that the leadership of parties prefers 'good obedient followers' rather than more vocal and strong personalities. This, too, must change - get the best person to run..

PKR leader Anwar Ibrahim says an Indian candidate from the party will probably be chosen to contest the Bukit Selambau state seat in Kedah.The seat became vacant following the resignation of assemblyperson V Arumugam yesterday.

The Kedah state assembly speaker will officially inform the Election Commission (EC) today of the vacancy, following which the EC will set a date for a by-election.

Anwar, who is also the leader of the Pakatan Rakyat alliance, said PKR will definitely contest the seat.

"Most probably we'll also choose an Indian candidate in place," he told reporters last night in Malacca. - Malaysiakini, 10/2/2009, Anwar: Indian candidate likely for Bukit Selambau

Wrongful Reporting Attempt To 'Brainwash' Perak..ians to accept 'pseudo' MB of Perak...

PERAK - What is right? What is wrong? What should be...and what should not be? These are questions that must be answered persons honestly without being affected by their political affiliations/masters.

Heve you been watching TV - RTM channels and TV3, and seen how they have been 'reporting' the whole Perak affair? It is pathetic - as it primarily only presents 1 side of the picture - i.e. the UMNO-led BN perspective.

In fact, they are going overboard in even getting the 'legal experts' etc.... to try and convince the people that the true and correct perspective is the BN perspective - not the Pakatan Rakyat perspective.

With the new Minister of Information, I would have expected a more balanced reporting especially when it comes to the RTM channels and BERNAMA. (With regard to the private television channels like TV3, we cannot say anything but note that they are still very much pro-BN).

What RTM should be doing is to start becoming more independent in their reporting - they should have exposed viewers to the various different viewpoints of the matter.

RTM newsreporters should stop behaving like a BN promotion club. It is disgusting the manner how some stories are being reported - which is in a manner not expected from a reporter but rather from a pro-BN campaigner or advocate. Sadly, there are also 'lies' being put forward in these report as though it is true...

For instance, I see nothing in the Perak State constitution that gives the Sultan the right to 'sack'...or to demand the resignation of the Menteri Besar and the Executive Council.

The Sultan only has the power to appoint a Menteri Besar ....not remove him (and as there can be no 2 Menteri Besars at one time - there cannot be an appointment of a new Menteri Besar until the old Menteri Besar has resigned...)

Another principle to understand during the current public confusion is this: a menteri besar can only be removed by a vote of no-confidence in the assembly. The Ruler has only the power to hire but not to fire.

Not unlike what Deputy Prime Minister Datuk Seri Najib Razak has done in Perak in 2009, Prime Minister Tunku Abdul Rahman orchestrated a revolt of Sarawak lawmakers against the outspoken Iban Chief Minister Datuk Stephen Kalong Ningkan in 1966.

Tunku Abdul Rahman
(public domain / wikipedia)

When the Sarawak state governor showed him a top-secret letter of no-confidence issued by 21 out of 42 legislators and asked Ningkan to resign, the chief minister refused. Ningkan said the letters were not tantamount to a vote of no-confidence in the state legislative assembly.

He was sacked by the governor but eventually reinstated by the Borneo High Court, which saw the necessity of a formal vote of no confidence.

In his judgement, Harley A-G OCJ ruled that the governor can only dismiss the chief minister when both these conditions are satisfied:

"(a) The chief minister has lost the confidence of the House, and

"(b) The chief minister has refused to resign and failed to advise a dissolution."

The principles about a no-confidence vote and royal consent are very much the core of parliamentary democracy and constitutional monarchy. Violating them is not merely changing the government of the day, it is changing the very political system we are in.

It then becomes regime change, not a mere government change.

Abusing Nizar for sticking to his guns will not do, for this is the exact circumstance the mechanism of dissolution is designed for.

And if the political system is changed via extra-constitutional means, it is effectively a coup against the current constitutional setting. - The Nut Graph, 6/2/2009 Perak must not fail

The Sultan only has the power to agree to or refuse to dissolve the Legislative Assembly on the request of the Menteri Besar...(There is that question of whether the Sultan to act contrary to the advice of the Menteri Besar - remember that the UMNO-led BN has effectively reduced the role/powers of the Royalty to just do what PM/MB advises...save for a few matters. In Azlan Shah's own book in 2004, Constitutional Monarchy, Rule of Law and Good Governance, the learned Sultan expressed his view categorically: "Under normal circumstances, it is taken for granted that the Yang diPertuan Agong would not withhold his consent to a request for the dissolution of Parliament. His role is purely formal.")

It is interesting that some of the outbursts by pro-BN personalities is arguing not so much on the basis of 'legality' or principles of 'constituitional democracy..." but about
- 'derhaka' (betrayal) of the Sultan...suddenly the not so often referred to Rukun Negara is also cited 'Kesetiaan kepada Raja...' ('Loyalty to the King...')

RTM and the other pro-BN Media is trying to potray the Perak Menteri Besar, Mohd Nizar Jamaluddin, as 'traitor', a bad guy... They do not even refer to him as Menteri Besar - but start using terms like 'former Menteri Besar'.... We need to take a position, and that includes alternative media like Malaysiakini, as who we take Nizar to be....still the Menteri Besar OR ...

Who then is is Zambry Abd Kadir? He can then only be the 'pseudo' Menteri Besar for Perak cannot be having 2 Menteri Besars...

RTM and the BN-controlled media will want to make all of us believe that the NEW Menteri Besar is Zambry Abd Kadir - and there is a new Exco in Perak...

The Nut Graph refers to Nizar interestingly '....as a defender of parliamentary democracy and constitutional monarchy....'

Nizar is being loyal to the rule of law

On the contrary, Nizar will go down in history as a defender of parliamentary democracy and constitutional monarchy in the 481-year-old Sultanate of Perak, politically one of the most developed states since the 1950s. He is being loyal to the political system, to the rule of law.

The subjects of Perak and citizens of Malaysia who choose to stand by the loyal menteri besar are similarly upholding rule of law and the political system

And, for many, they believe that this matter can only be resolved by the courts - but alas my confidence in the independence of the Malaysian Judiary is at the lowest. Now, sitting as the head of the Malaysian Judiciary is an UMNO man, who was hurriedly appointed a Judge. Early September 2007, Lawyer Zaki Azmi appointed a Federal Court Judge. December 2007, he was appointed the President of the Court of Appeal (No.2 in the Malaysian Judiciary), and then in October 2008, he became the Head of the Malaysian Judiciary. We cannot say that there were no other 'longer-serving', better qualified judges who could have been chosen to become the head of the Malaysian Judiciary.

Some joked saying that when the UMNO-led BN read the signs of the times, which indicated that they may lose control of the Legislative and Executive arms of government, they smartly placed their man as the head of the Judiciary - which means that their influence in the judiciary will be there for some years to come. A joke or reality.

We have this contract Judges...or should we say 'probationary judges', whom we call Judicial Commissioners who are appointed for allegedly 2 year terms. If you prove suitable, they you may then be appointed as judges. This practice is an affront to the very important principle of independence of the judiciary - and makes a mockery of one of the safeguards of this independence, i.e. the security of tenure. Another Bill is in the pipeline called the Judges' Ethic Committee Bill 2008, which should be opposed strongly as it again will affect the independence of individual Judges - and allow it as a means to 'discipline' judges who are displaying independent and not pro-BN thinking. (I just hope the PR MPs vote against this Bill.)

So, what do we do.... where do we go to get justice...

PERAK: Why is the BN trying to avoid elections in Perak?

Why is the BN trying to avoid elections in Perak? A bigger loss in Perak will not augur well for Mohd Najib Razak...The change of leadership is not at all the 'reforms' that BN supporters want - they want more - maybe even some other person, other than Najib, to lead UMNO...

- Following the recent defeat in the KT by-elections, that saw the fall of a BN seat to PR, with almost a 2,000 majority even after Abdullah Ahmad Badawi has decided to step-down, and Mohd Najib Razak is clearly uncontested for the handover of the UMNO/BN leadership, shows that Malaysians are now even more against the BN. In fact the loss in KT also shows just what they feel about Najib.

- An elections in Perak now may bring about a bigger PR win - and this would really look bad for Mohd Najib Razak...,yes, him more than out-going Abdullah Ahmad Badawi. Najib cannot afford this at all - certainly not just before the March UMNO general meeting.

- Najib may be secure in his position - but his 'team' may suffer the consequence and they may lose in the UMNO elections. If all this that happened in Perak was happening after March, maybe we may have seen it played out very differently.

- I say maybe - because history shows that UMNO/BN has never been very good at losing.
Remember the banning of most of the Socialist Front parties, and the arresting/detaining of their leaders under Detention Without Trial laws..Stephen Kalong Ningkan and the Declararion of Emergency in Sarawak...Kelantan & the Declaration of Emergency...Local Council Elections and the reason why it was discontinued...

mmmm...

In any event, the call for elections in Perak is growing...but can the Sultan still dissolve the Legislative Assembly. Who can apply to the Sultan to do that? Nizar...or that possibly 'illegal' MB.

Datuk Seri Mohammad Nizar Jamaluddin is still the Perak Mentri Besar until he resigns of his own accord, or is removed by a vote of no-confidence in a formal sitting of the State Assembly, said Tengku Razaleigh Hamzah.

“Only the answer of the assembly counts, regardless how many sworn statements, defections, press conferences and declarations, or what forms of advertisement, display, inducement or force you bring to bear on the question,” he said in a statement yesterday.

“The Constitution makes no provision for his removal by any other means, including by petitions or instructions from any other authority,” he added.

He also said that a legitimate constitutional government draws all its authority from the consent of the people and only from that consent. The people consent because it is their government formed according to their constitution, whose leader is chosen through free and fair elections.

“To formally test the mandate of the current government, the question must either be put to the people through state elections, or to assemblymen through a formal vote in the Dewan,” said Tengku Razaleigh.

He said to remove and install governments in any other way was to violate the Constitution, erode the rule of law and run the risk of forming an illegal government. - Star, 7/2/2009, Ku Li: Why Nizar is still the MB

Even SUHAKAM, our rather conservative pro-government Human Rights Commission says so this time..

The Human Rights Commission (Suhakam) today expressed disagreement with the manner in which the political crisis in Perak was handled.

MCPX

The commission felt that only a fresh elections could resolve the uncertainty, especially when the legality of the resignation letters of the three Pakatan Rakyat state assemblypersons is in doubt.

Suhakam was responding to the 'political coup' staged by Barisan Nasional following the resignation of the four state assemblypersons.

While Pakatan had called upon Sultan Azlan Shah to dissolve the state assembly and call for a snap polls, the Perak ruler has opted to consent to the formation of a new state government.

However, Suhakam reminded the concerned parties that it is the basic human right of the people to choose the government of their choice.

"It appears that the method adopted in forming the new government for the state of Perak is questionable, consequently so is the legitimacy of the new state government.

"Suhakam noted that the Sultan of Perak has not consented to the dissolution of the state legislative assembly.

"Suhakam is of the opinion that new elections for the state legislative assembly, in line with the principle of human rights, will resolve the political uncertainty of the state government." - Malaysiakini, 7/2/2009, Suhakam calls for fresh polls

Who is giving orders to the police, the State Secretary, the State public servants in Perak? The Sultan? The PM? The DPM?

Who is in charge?

Who is giving the police and the State Secretary orders? Who has the right to give them orders? Who is the Boss?

This is Perak - a State, part of the Federation known as Malaysia. There is something called sovereignty of the State...or this was just something of the past.

Is it the Prime Minister who is giving the orders? - if so, is this not wrong?

Is it the IGP who is giving the orders to the police? - if so, is this not wrong?

Is it HRH the Sultan giving orders to the State Secretary and the State Government officers? - if so, is this not wrong?

With regard the State Secretary, and State public servants, are they not to follow the orders of the Menteri Besar?

As far as all are concerned, there is still no new Menteri Besar and/or new Executive Council - at least not until there is an official appointment by the Sultan. [Of course, the validity of the appointment of another Menteri Besar when the existing Menteri Besar has yet to resign is also a question]

Over the past few hours, the police and the State Secretary have been insubordinate to the existing Menteri Besar and the State Exco...as seen in the following Malaysiakini report.

In that 45 minutes, Mohd Nizar's press conference was interrupted twice by the state secretary Abdul Rahman Hashim and the Ipoh police chief Azisman Alias.

Mohd Nizar also refused to hold a meeting with Abdul Rahman and left with his convoy to his official residence where he is expected to hold a press conference.

Below is the chain of events as it happened this morning.

11am: The police have closed the road in front of the Menteri Besar's official residence until 7pm to prevent illegal gathering.

10:45am: Perak CPO Zulkifli Abdullah said the police have secured the state secretariat upon a request by the state secretary.

10.42am: Mohd Nizar and his convoy drove out of the state secretariat, back to his official residence. He said that he had been allowed to use the official vehicle until the new MB Zambry Abdul Kadir was sworn this afternoon.

10.20am: MB and his group moved to Ngeh's office. They then continued their press conference and once again it was interrupted by Abdul Rahman. The state secretary then asked Mohd Nizar for a meeting, which the latter disagreed.

Reporters are led out of the state secretariat.

"I will go about as usual. I have to meet some consultants and investors later. However I will have to tell them that we have to reschedule our appointments," said Mohd Nizar.

10.15am: Mohd Nizar and his exco members held a press conference before it was interrupted by state secretary Abdul Rahman and the state police chief.

Abdul Rahman rudely told reporters to leave the room.

Senior exco member Ngeh Koo Ham was overheard telling the police chief to follow proper procedure. "We can handover properly," he said.

9.40am: Mohd Nizar, in a green baju Melayu, and convoy arrived at the state secretariat building. The gates were closed but after a brief standoff with the security, the MB and his exco members were allowed in.

Mohd Nizar went straight to his office and found it bare.

"It was just as empty and bare when I first took charge last March," he said.

9.30am: Pakatan state exco members gathered at Mohd Nizar's official residence.- Malaysiakini, 6/1/2009, Access denied to Mohd Nizar

Who is the one giving orders to the police in Perak? If it is the Federal government and the Prime Minister, then we need to say that this is not right.In a State, the police must listen to the government of the day - unless the Police is made independent of the executive, and accountable only to Parliament. For so long, it is under the Home Minister - is it not interference in matters of the State.

In a State, the police should be under the Menteri Besar & the State Exco, and if there is none - then the orders should be coming from the palace, HRH the Sultan of Perak. It cannot be getting orders from the PM, DPM and/or the Federal UMNO-led BN government.

State Police...is it time for us to have this in Malaysia?

Federal Police - yes, this will still exist and its jurisdiction would have to be defined.

We did not have the need of wondering about all this matters when the BN controlled the Federal Government, and also almost all the State governments - but things have changed, and I believe we will never have that anymore in Malaysia.

Ku Li's point of view on what's happening in Perak

This is what Tengku Razaleigh has to say about what is happening - I quote his piece entitled the rule of law

A shameful scene is unfolding in Perak.

Let me follow up on what I said earlier about the status of the Chief Minister.

The Constitution is the highest law of the land. It is the foundation and source of legal authority, and the Rulers are sworn to protect and uphold it.

Acording to the Constitution, Dato’ Seri Nizar Jamaluddin is Menteri Besar until he resigns of his own accord, or is removed by a vote of no-confidence in a formal sitting of the assembly. The Constitution makes no provision for his removal by any other means, including by petitions or instructions from any other authority.

Two principles need clarifying in the light of today’s events:

First, the government of the day is established according to rules and principles codified in the Constitution. This is the difference between legitimately formed government and tyranny, which is rule by the law of the jungle.

Second, legitimate constitutional government draws all its authority from the consent of the people and only from that consent. The people consent because it is their government formed according to their constitution, whose leaders they have chosen through free and fair elections.

We need to test that consent periodically. At key points such as when governments are to be formed or to be dissolved, the Constitution provides for formal, definitive tests to find out how much of the people’s ‘consent’, or support, a government really has.

So we conduct elections to test how much support a candidate for leadership has among the people. The question is posed in elections governed by rules and oversight agreed ahead of time. If those elections are not held, or if there is some doubt that they are free and fair, then the question of legitimate leadership is not determined. It doesn’t matter how many men with flaming torches march chanting your name in the middle of the night. You need to prove you have the support of voters in a free and fair election.

Similarly, the Constitution provides for a definitive way to test if the Chief Minister or the Prime Minister commands a majority in the dewan or in Parliament, as the case may be. We put the question to a vote of confidence on the floor of the Dewan. Only the answer of the assembly counts. It doesn’t matter how many sworn statements, defections, press conferences, and declarations you have, nor what forms of advertisement, display, inducement or force you bring to bear on the question.

To formally test the mandate of the current government, whether in Perak, Sabah or the Federal government, the question must either be put to the people through state elections, or to the assemblymen through a formal vote in the dewan. These are the only tests that count in our constitutional democracy.

This is what it means to be a parliamentary democracy. To remove and install governments in any other way is to violate the Constitution, erode the rule of law, and to run the risk of forming an illegal government.

Legitimate authority can only be established through the democratic means spelled out in our constitution. Rightful authority is an entirely different thing from the brute power that can be bought, sold or seized by force.

The invisible laws make our government, nation and society possible. I won’t begin to describe the harm we would do these things if we began to ratify power achieved without regard for the rule of law in this country.

No new MB...until current MB tenders resignation of the MB and State Exco..mmm

The law is clear ...that it is not automatic that Menteri Besar and the Executive Council is deemed vacant once the Sultan refuses the request to dissolve the Legislative Assembly..

There is no question about the swearing in of any new Menteri Besar ....until the current Menteri Besar resigns.

And as mentioned earlier, there is no time limit stipulated in the law. Neither did the Sultan state a time frame by which the Perak Menteri Besar is to tender his resignation.

Thus that letter to return keys, etc by the "...State secretary Abdul Rahman Hashim instructs Menteri Besar Mohd Nizar, all exco members and their aides to vacate their offices at the state secretariat as soon as possible. They have been reminded not to take any official documents with them. They were also told to hand in their official car keys as well as the keys to their offices..." may also not be right.- malaysiakini, 5/2/2009, Perak sultan: No dissolution of assembly (Live Reports)

The taking over over the State Secretariate by the police may also be wrong...

(4:21pm) Police and FRU have taken over the State Secretariat building. Once Sultan Azlan Shah declared the Mentri Besar and excos must step down, the state secretary sent letters to all excos telling them to surrender their belongings, such as keys and cars etc. He also went to the offices of the excos and told all their personal assistants to leave immediately. malaysiakini, 5/2/2009, Perak sultan: No dissolution of assembly (Live Reports)

The MB wants to make ask the Sultan to re-consider earlier decision not to dissolve the State Legislative Assembly - nothing in the law that states that he cannot do that, and of course, HRH has the full authority to change his mind.

There is yet no person who do command the confidence of the majority of the members of Assembly - for, if there was then the Sultan would have mentioned this. The BN is still not sure who will be the MB.

This is not a situation after the General Elections - this is different. How does the Sultan decide on the person ' who do command the confidence of the majority of the members of Assembly' - surely he must again meet all of them.

It seems that the jearlier meeting of all that ADUNs was to determine the fact that the present MB no longer 'commanded the confidence of the majority of the members of Assembly...'

Hence, after the resignation of the present MB (together with the Executive Council) - only then do we move to the next step - of getting an MB, and HRH the Sultan may have to meet up with all the ADUNs to get their indiocation of who they support to be MB.

Nothing can move now until the current MB tenders his resignation...mmm

For all intents and purposes the current MB is still the MB of Perak...

The law needs to be clarified - and maybe, there must be amendments to the State Constitution to make things clear...

Same with our Federal Constitution - Abdullah Ahmad Badawi may not want to resign after March 2009 - and what can Najib do...mmm

Wasted opportunity in Perak...or not? Best of the PR MBs, he was..

Well, the Sultan has refused the request to dissolve the Legislative Assembly - and now the Menteri Besar according to Art.16(6) of Perak State Constitution...'shall tender the resignation of the Executive Council..." - however there is no indication as to when this is to be done. Is it within 24 hours...or a week..or now?

Either way, we see the end of Pakatan Rakyat rule of Perak, and we ask ourselves as to what real changes did they introduce in Perak when the PR ruled?

To some, they will say that there was really no apparent change .... mmm. And, if so, we must of course acknowledge that it has been proven beyond a doubt that not only the BN can rule States - but Pakatan Rakyat can also rule. So, no more will the point that only BN has the experience and ability will work...

I am sad about the fall of Perak beacause amongst all the 5 different PR states, it is only in Perak that we saw a return of democracy to the lowest levels of government - the Kampungs, etc..

Beliau juga mengucapkan tahniah kepada mereka yang telah berjaya di pilih oleh penduduk kampung masing-masing sebagai Ketua Kampung yang baru dimana sebelum ini , perlantikan dibuat melalui kuasa politik.

Menteri Besar , Dato’ Seri Ir Haji Mohamad Nizar Jamaludin dalam ucaptamanya berharap perlantikan tersebut dapat meningkatkan usaha penyampaian maklumat dan hasrat rakyat untuk diambil tindakan oleh kerajaan negeri.- Perlantikan Ketua Kampung Negeri Perak, 8/8/2008 - see earlier posting, Ketua Kampung - Elected by people in Perak, Chosen by government in Selangor

And also see my earlier posting Have the activist betrayed the people in their silence...?

Now, PERAK has started this....and the latest good move have been done by Chang Lih Kang...and here, I attach a posting by Josh Hong

We must restore local government elections for the sake of democracy, good governance, rule of law, accountability and transparency. – Lim Guan Eng, speaking to Perak DAP leaders in February 2005.

It was an auspicious start to 2009, when residents of Gunung Rapat New Village, Perak, went to the ballot box to elect their ideal candidate for the post of village chief. The small yet hugely significant election, proposed and sponsored by PKR state assemblymen Chang Lih Kang and Chan Ming Kai, indicates that the true spirit of democracy is still alive despite the controversy that the move had generated among some Pakatan Rakyat lawmakers.- Malaysiakini, 30/1/2009 - Where's My Third Vote?


What are you waiting for Pakatan Rakyat? Next General Elections?

After GE2008, I have strongly advocated for fast changes to be implemented - and one of this was to introduce greater democracy at all levels. We were talking about the people democratically electing their leaders at all levels - kampung, taman, kampung baru, etc.

We were talking about people electing the Penghulus..

We were talking about the people choosing their Senators...

We were talking about the people electing the Local Councils...

Even if there is problems with elections - creatively you can do a referendum to get the peoples' choices ...

We must restore local government elections for the sake of democracy, good governance, rule of law, accountability and transparency. – Lim Guan Eng, speaking to Perak DAP leaders in February 2005. see my earlier posting Have the activist betrayed the people in their silence...?

Then, the civil society after GE2008 made a call for local council elections - but this time the call was not for it NOW - but by 2010 (of course since the appointment of many civil society leaders as local councillors, this call has become very very soft...
...today that a memorandum endorsed by 33 civil society organisations will be sent to all 12 state governments requesting local council elections to be carried out on or before 2010 - Malaysiakini, 28/3/2008 - Bring local council elections back by 2010

2010 -- why not now? As soon as possible and latest by end of 2008 (not 2010). Let us consider term of office, and reasonably it should be at least 3 years...So delaying mattters is not at all an option...

And why are we talking about stopping at local council or town council elections (the Majlis Perbandaraan or Majlis Bandaraya)... we should look at elections at all levels of local government including the Penghulu, Ketua Kampung, the JKKK, the JKKT ....and there is nothing stoping us doing this...and we should follow the guidance of the new Perak MB -- whose only reason for suggesting elections at the end of the year was because that was when the current term expires...and if sooner, the better...

There are many levels of local government --- and we MUST introduce elections at all level and away with this practice of "appointments" once and for all. - Local Government Elections at all levels by end 2008 (definitely NOT by 2010..)

Only, one state have fallen - and PR must wake up and start local elections soonest... at all levels. Once people taste democracy at this levels, i.e. something denied to them under BN rule, people will not be too quick to the old ways where the State appoints - not the people choose..

Some use the law as being the impediment - but there are 2 opposing views. At the very least, try - and if there are 'legal blocks' raised - take it to court. Surely, this is a State matter - and no Federal Laws should usurp State powers of own government at the local council level...

We have been distracted with plans of greater conquests - and party defections - by-elections, etc - and maybe PR has also been similarly distracted, and have not focussed its attention in bringing positive changes as to how things are done at the local/community level...

I hope readers of this BLOG can help highlight the good things that the Perak PR government managed to do in the time that it had ruled Perak...

Only UMNO goes to see the Sultan..what happened to BN? No ADUNs ...only MPs...mmmm

It's all in the hands of the Sultan of Perak...and all we can do is wait for his announcement.But, it is an act of disrespect when some parties(including the media) are already discussing the next BN Menteri Besar as though HRH the Sultan has already decided that he will not dissolve the Legislative Assembly.

It is also odd - that it is the Deputy Prime Minister, who is seeking the audience with the Sultan of Perak -

Deputy Prime Minister and Perak Umno chief Datuk Seri Najib Tun Razak and Minister in the Prime Minister’s Department and state Umno deputy chairman Datuk Seri Ahmad Zahid Hamidi (Bagan Datoh MP) enter Istana Kinta to seek Sultan Azlan Shah’s consent for Barisan to form the new Perak government. - Star, 5/1/2009, Perak political drama (update 4)

Now, they are both not the BN ADUNs who were successfully elected in GE2008. Should it not have been the BN ADUN (or ADUNs) who '...command the confidence of the majority of the members of the Assembly...' there to see the Sultan of Perak? This is a Perak State matter - not a Federal Government matter. [Maybe, after the Trengganu experience - the Big Bosses of UMNO Federal prefer to deal with the Rulers of the State themselves...mmmm]

Secondly, why is the leaders/representatives of the other BN component parties not there at all? So far, I have not seen any reports that indicate even that they are there outside in solidarity when the DPM and the other Federal Minisiter is having an audience with the Sultan.

The results of GE2008 show that the BN certainly do not have the required majority support of the people of Perak. Here, we are assuming that the voting was done indicating support for BN or the opposition PR irrespective of the candidate's personal charm. Thus, despite the fact, that there have been PKR and DAP reps who have changed their support from PR to BN - the likelihood is that if there was a re-election, and the incumbents were allowed to contest , they will lose to the new candidates fielded by the PR.

Given this fact, the now appointing of a BN Menteri Besar - rather than dissolving the Legislative Assembly may not be the best choice..

I believe that dissolution of the Legislative Assembly would be the best in this kind of situation so that the whole issue can be decided by the people in a Perak State elections..

Perak State Elections - well this will be something out of the norm, would it not be. It certainly would open the minds of many Malaysians into appreciating more the fact that we are in fact a federalism...and States do matter.

First, Sultan decides whether to dissolve Legislative Assembly or not...

PERAK - it is a mess, and we have to wait for the His Royal Highness the Sultan of Perak to decide whether to decide the Legislative Assembly or not. A dissolution means new elections in Perak.

If the Sultan refuses to dissolve the Legislative Assembly, then the Menteri Besar who ceases to command the confidence of the majority shall tender his own resignation and the resignation of the rest of the Executive Council..

All these is clear from Article 16(6) of the Perak State Constitution....

1st - Request the Sultan to dissolve the Legislative Assembly

2nd- If Sultan agree - then we will have new general elections for Perak. The MB and his Executive Council would then be the interim caretaker government until after the new elections.

3rd - If the Sultan refuses to dissolve the Legislative Assembly, then the Menteri Besar and the Exco resigns.... Then the Sultan will appoint another, who 'in his judgment is likely to command the confidence of the majority of the members of the Assembly...'

Of resignations, the Bar from re-contesting & people's right to choose their reps..

Resignation...revocation of by-elections..

By-elections ....and then no more by-elections

I do not think those 2 ADUN from the Parti Keadilan Rakyat(PKR), even if there was never any intention to jump, will know what to do. It is a mess. A principled person would not hop over to BN.

In any event, we need to look at a few issues...

a) If it exist, is it right for political parties/political coalitions to get and keep pre-signed undated resignation letters from their MP/ADUN? [Of course, when there is an indication that someone is going to jump party - then these letters may get used before the said ADUN/MP makes it public that he is 'jumping'? - this could have been what happened in Perak..maybe]

I believe that this practice is wrong. I believe that the people vote for their 'wakil rakyat' (people's representative) - and it is a person - not a political party...not a political coalition. Of course, the political party he stands under and the political coalition that he is within has a bearing - but that is all.

b) Should a MP/ADUN be permitted to change his political party/political affliations mid-stream? Should he resign, if he does so? Or should he not?

Well, maybe he should resign - and be permitted to re-contest the seat - to get a clear mandate again, thus removing all doubts whether his/her contituents still want him to represent them.

The problem now is that law that bars a MP/ADUN who resigns his seat from re-contesting - and I believe that this bad law should be removed.

Because of the fact that one will be barred from re-contesting, you cannot make them resign and 'betray' the very people who voted for him/her.

It will be also unfair to the constituents - who may in fact be with the ADUN/MP who changed party affiliations or chose to become an independent. The people may still want this person for their rep - and the law that BARS one who resign from re-contesting stands in the way of this freedom of the constituents to re-affirm someone as their chosen rep.

In fact, I believe that even those laws that prevent those convicted and sentenced to contest in elections ...to become/remain MP/ADUN should be removed.

It is the people's choice, and they should be permitted to chose their reps...

"....he has been convicted of an offence by a court of law in the Federation (or, before Malaysia Day, in the territories comprised in the State of Sabah or Sarawak or in Singapore) and sentenced to imprisonment for a term of not less than one year or to a fine of not less than two thousand ringgit and has not received a free pardon ..."

And, oh yes, the disqualification is for 5 years beginning time you are released from prison - why? When it comes to fine, it is from the day the fine is imposed (not even paid) - why is also not 5 years from the date you have been sentenced to jail?

In fact, now if while you are MP/ADUN, you get convicted and sentenced - unless you appeal...and appeal you get disqualified ....mmmm... so there will be trials, appeals....and a lot of public money wasted...

In fact, a person declared 'bankrupt' should also be allowed to contest... ...and/or become/remain MP and/or ADUN. Why not?

That law that prevents one who resigns to re-contest, which is also there for MPs should be removed. It will allow elected reps, who change political party membership/affliations the ability to go back to the people to get a fresh mandate - to remove alldoubts that he no longer enjoys the support of the majority of his/her constituents..

(6) A person who resigns his membership of the House of Representatives shall, for a period of five years beginning with the date on which his resignation takes effect, be disqualified from being a member of the House of Representatives. - Art. 48, Federal Constitution

Likewise, the Laws of the Constitution of Perak have a similar provision in Art.31(5)

A period of 5 years can mean sometimes not being able to contest in 2 successive elections...[Wan Azizah would most likely not be able to contest in the next General Elections - and that is not right...]

Pakatan Rakyat states may want to take the lead - and start tabling/making amendment /s to the respective State Constitutions removing all these 'barring re-contesting' provisions...and also the other bars that prevent persons from contesting, especially those with regard to crime, election offences, bankruptcy, etc... Let the people choose who they really want to be their elected reps.

** Maybe we should also consider giving the people the right to get rid of their MP/ADUN - maybe if 10 0r 15 percent of any constituents submit a petition/memorandum to the the Election Commission wanting a by-elctions, then there should be a by-election. Why should only the elected rep have the right to resign? Should not the people also have the right to remove him/her? Consider this...

Levy, Air Fare,...cannot be deducted from Migrant Worker's wages..it is LAW.

LEVY, Air Fare, Medical Expenses, Recruitment Cost, etc... these are things that employers of foreign migrant workers should be paying themselves, and they should not be permitted to recover all their expenses by deducting worker's wages...

The continued practice of many employers deducting almost everything they expended in employing a migrant worker from the migrant worker's wages is one of the main reason why many employers prefer to employ foreign migrant workers compared to local workers...because this really makes it cheaper and easier to get and maintain foreign migrant workers compared to local workers.

UMNO-led BN government, that is seen to be pro-employer, seems to be turning a 'blind-eye' towards this. Cheap easily controlled labour is what our government wants. Worker rights and welfare is really not a priority.

Some employers just do it because others are doing it. And, really some public officers in the Human Resource Ministry are also rather blur about this.

The tactic is simple - Keep it vagur. Just do not enact any Laws, Regulations, etc that will make it most clear as to what an employer can deduct from the wages of a foreign migrant worker and what he cannot.

Go try finding this information in the websites of the Ministry of Human Resources, Immigration Department, etc...and you find that even these basic information is not there.

This lack of information allows for employers to continue breaking the laws, and paying migrants minimum wages. After all, they can deduct almost all that they spent on getting and employing these migrant workers.

But wait - there is a law that talks about wages and deductions from wages that is permitted, and the total amount of deductions permissible per month...

Let us look at the Malaysian Law, which applies to both the Local Worker and the Foreign Migrant Worker..in particular the Employment Act 1955.

The law is clear that wages are to be paid at least once a month - and that from the wages, the employer can only make lawful deductions.., and this is clearly stated in section 24 of the Employment Act 1955 which applies with regard to all workers - local or foreign.

Section 24, EMPLOYMENT ACT 1955 (REVISED 1981)

24. Lawful deductions.

(1) No deductions shall be made by an employer from the wages of an employee otherwise than in accordance with this Act.

(2) It shall be lawful for an employer to make the following deductions:

(a) deductions to the extent of any overpayment of wages made during the immediately preceding three months from the month in which deductions are to be made, by the employer to the employee by the employer's mistake;

(b) deductions for the indemnity due to the employer by the employee under section 13(1);

(c) deductions for the recovery of advances of wages made under section 22 provided no interest is charged on the advances; and

(d) deductions authorized by any other written law.

And, when it comes to deductions authorized by any other written law, it is very clearly stated. This is only with regard to SOCSO/PERKESO and EPF/KWSP. I found no other written law that permitted employers to deduct from employee's wages.

SOCSO/PERKESO

Section 7, EMPLOYEES SOCIAL SECURITY ACT 1969

7. Principal employer to pay contributions in the first instance.

(1) The principal employer shall pay in respect of every employee, whether directly employed by him or through an immediate employer, both the employer's contribution and the employee's contribution.

(2) Notwithstanding anything contained in any other written law but subject to the provisions of this Act and the regulations, if any, the principal employer shall, in the case of an employee directly employed by him, be entitled to recover from the employee the employee's contribution by deduction from his wages and not otherwise:

EPF/KWSP

Section 48, EMPLOYEES PROVIDENT FUND ACT 1991

48. Recovery by employer of employee's contribution.

(1) Subject to the provisions of this section, the employer shall be entitled to recover from the employee, in accordance with this section, the amount of any contribution payable on behalf of the employee.

[Subs. Act A914]

(2) The amount of any contribution payable by the employer on behalf of the employee shall, notwithstanding the provisions of any written law or any contract to the contrary, be so recoverable by means of deductions from the wages of the employee due from the employer to the employee and not otherwise.

There are certain other permissible specific deductions like union fees, etc which can be done '...at the request in writing of the employee...'

Thus, it is wrong for employers of foreign migrant labour to deduct from the wages of migrant workers levy, airfare, medical charges, etc..

Note, that the law is also clear that workers shall every month receive at least 50% of his/her wages. Maximum deductions is only 50%. Thus, employers who do not pay migrant workers for months...or just pay them some 'pocket money' are breaking the law - but alas, so little enforcement is done here. WHY?

(8) The total of any amounts deducted under this section from the wages of an employee in respect of any one month shall not exceed fifty per centum of the wages earned by that employee in that month. - Section 24, EMPLOYMENT ACT 1955

For the by-elections, maybe better a PAS or DAP candidate..

It is sad that we now hear of PKR ADUNs resigning (or was it 'jumping the boat' to join BN).

I have always had my fears when it comes to those who are now in the opposition, who have just previously been in UMNO or one of the other BN component parties - who are now in the opposition.

Why did they 'come over' in the first place - was it because they disagreed with the policies and/or practices of the BN? Was it because they were against the ISA? Or maybe, their political advancement or future in their own party was being stiffled or was at an end because of factionalisms, etc...?

My fear has been that these persons would more likely 'jump' back again when they get a better offer...Their motivation, more likely than not, may be the self interest rather than the interest of the rakyat...

I am of the opinion that those who have jumped to the Opposition should not be given the chance to contest elections as ADUN or MP for at least 3-5 years..., and if they are really committed to the Opposition, not being allowed to contest will not matter to them who did jump as they can still serve the party in so many different ways ...and after that when we are convinced that their 'jump over' is seincere, and more importantly because of values and principles - then, maybe we may want them to stand for elections.

There is still doubts about what happened in Perak...Did the 2 PKR ADUNs resign? Why did they resign suddenly? Was it for some very good reason/s?

Did the 2 PKR ADUNs jump over to BN? Why? Was it because of money and the 'sweets' that they were promised? Was it because of some threat....C4, etc? Was it bacause of some other more good or principled reasons?

Either way, I believe that we cannot risk getting another PKR candidate (especially someone who previously was in the BN parties) to contest in any upcoming by-elections. Better to get a PAS or DAP candidate to contest in coming by-elections... if not, in a few months we may be facing a similar situation.

Just by coming over to the Opposition or PKR, these persons, who were previously in the BN, do not suddenly change in their values, principles and positions on human rights/justice ...When will we really understand this?

I understand that I am making general statements, and admit that there may be a few exceptions to the general rule...but identifying correctly these exceptions is not at all easy.

Hence, better safe that sorry. Get a PAS or DAP candidate, and if it still must be a PKR candidate, then at least get a person who never was in the BN before and who is from the NGOs/Civil society...someone who will uphold the cause of justice without fear or favour.